issue-1996-02-22•Federal Register final rules — 1996-02-22
Federal Register final rules — 1996-02-22
issue-1996-02-22Federal Register final rules — 1996-02-22Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-4018 Intermediary Relending Program Loan Limits
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6761-6762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4018]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 /
Rules and Regulations
[[Page 6761]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Part 1948
RIN 0570-AA15
Intermediary Relending Program Loan Limits
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: The Rural Business-Cooperative Service (RBS) is the successor
to the Rural Business and Cooperative Development Service (RBCDS),
which was the successor to the Rural Development Administration (RDA),
which was the successor to the Farmers Home Administration (FmHA).
RBS is amending the regulations for the Intermediary Relending
Program (IRP) to raise the loan limit. This action is needed to allow
intermediaries that have received and successfully used the maximum
amount of IRP loans allowed by the current regulations, and have need
for additional funds, to be eligible to apply for such additional
funds. The intended effect is to raise the maximum outstanding IRP
indebtedness of an intermediary to $4 million, from the current limit
of $2 million, for a period to end at the close of business on August
28, 1996. IRP loan funds per intermediary will not exceed $2 million
for loans approved after August 28, 1996.
DATES: Effective February 22, 1996. Comments must be received on or
before April 22, 1996.
ADDRESSES: Submit written comments in duplicate to the Director,
Regulations and Paperwork Management Division, Rural Economic and
Community Development, USDA, Ag. Box 0743, Washington, DC 20250-0743.
All written comments will be available for public inspection during
regular working hours at the above office, located in Room 6348, South
Agricultural Building, 14th and Independence Avenue SW, Washington DC.
FOR FURTHER INFORMATION CONTACT: M. Wayne Stansbery, Loan Specialist,
RBS, USDA, Ag. box 1521, Washington, DC 20250-1521, Telephone (202)
720-6819.
SUPPLEMENTARY INFORMATION:
Classification
This interim final rule has been determined to be ``not-
significant'' and has not been reviewed by OMB.
Program Affected
The catalog of Federal Domestic Assistance program impacted by this
action is: 10.767, Intermediary Relending Program.
Intergovernmental Review
As set forth in the final rule and related Notice to 7 CFR part
3015, subpart V, 48 FR 29112, June 24, 1983, this program is subject to
the provisions of Executive Order 12372 which requires
intergovernmental consultation with State and local officials. The
Agency conducts intergovernmental consultation in the manner delineated
in FmHA Instruction 1940-J, ``Intergovernmental Review of Farmers Home
Administration Programs and Activities.''
Paperwork Reduction Act
The information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been
assigned OMB control number 0575-0130 in accordance with the Paperwork
Reduction Act of 1980 (44 U.S.C. 3507). This interim rule does not
revise or impose any new information collection or record keeping
requirements from those approved by OMB. Please send written comments
to the Office of Information Regulatory Affairs, OMB, Attention: Desk
Officer for USDA, Washington, DC 20503. Please send a copy of your
comments to Jack Holston, Agency Clearance Officer, USDA, Ag. box 0743,
Washington, DC 20250.
Civil Justice Reform
This interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. In accordance with this rule: (1) All
state and local laws and regulations that are in conflict with this
rule will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings in accordance with the
regulations of the agency at 7 CFR 1900 subpart B or those regulations
published by the Department of Agriculture to implement the provisions
of the National Appeals Division as mandated by the Department of
Agriculture Reorganization Act of 1994 must be exhausted before
bringing suit in court challenging action taken under this rule unless
those regulations specifically allow bringing suit at an earlier time.
This document has been reviewed in accordance with Executive Order
12778. It is the determination of this Agency that this action does not
unduly burden the Federal Court System in that it meets all applicable
standards provided in section 2 of the Executive Order.
Environmental Impact Statement
This action has been reviewed in accordance with FmHA Instruction
1940-G, ``Environmental Program.'' Rural Business-Cooperative Service
has determined that this action does not constitute a major Federal
action significantly affecting the quality of the human environment,
and in accordance with the National Environmental Policy Act of 1969,
Pub. L. 91-190, an Environmental Impact Statement is not required.
Unfunded Mandate
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, RBS
must prepare a written statement, including a cost-benefit analysis,
for proposed and final rules with ``Federal Mandates'' that may result
in expenditures to State, local or tribal governments, in the
aggregate, or to the private sector, of $100 million or more
[[Page 6762]]
in any one year. When such a statement is needed for a rule, section
205 of UMRA generally requires RBS to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, more cost effective or least burdensome alternative that
achieves the objectives of the rule.
This rule contains no federal Mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, and tribal
governments or the private sector. Thus today's rule is not subject to
the requirements of sections 202 and 205 of UMRA.
Background
This regulatory package is an agency initiative to make the IRP
more effective at stimulating rural community economic development. The
current regulation prohibits approval of any IRP loan that would result
in any one intermediary having an outstanding IRP indebtedness
exceeding $2 million. RBS is still not encouraging initial loans of
more than $2 million. However, some intermediaries have received and
reloaned $2 million and have demand for additional funding to meet the
needs of the communities they serve.
The primary reason for this action is to allow subsequent loans to
those successful intermediaries that have reached the current limit.
Intermediaries in several States including; Vermont, Maine, Minnesota,
Michigan, Colorado, North Carolina, Oklahoma, and Louisiana are
currently at the limit of $2 million, and faced by additional demand
for funds. Because of this program's role in the President's Rural
Development Initiative, the fact that the efforts of some successful
lenders are impeded by the $2 million limit, and the potential of
attracting other lenders as a result of efforts to target the program
more effectively to underserved areas, a decision has been made to
increase the maximum loan limit to $4 million for a maximum period
ending August 28. The anticipated benefits are increased lending
activity, particularly by successful lenders and the creation of new
business opportunities and employment, particularly in areas
experiencing economic distress.
There are no anticipated costs associated with this decision. The
cost of expanding the potential of the program is already built into
the budget estimates and there should be no increase in delinquencies
because of this action.
Discussion of Interim Final Rule
It is the policy of this Department that rules relating to public
property, loans, grants, benefits or contracts shall be published for
comment notwithstanding the exemption of 5 U.S.C. 553 with respect to
such rules. However, the Agency is making this action effective upon
publication in the Federal Register without securing prior public
comment. It would be contrary to the public interest to wait for public
comment before implementing an increase in the loan ceiling. There is
an immediate need to provide funds to the public to help alleviate
severe economic hardship which exists in many rural areas as a result
of high unemployment and poverty level wages. Numerous intermediaries
have received the maximum of $2 million, have successfully used the
funds to assist rural businesses, and have urgent need for additional
loan funds. These intermediaries have proven their ability to play a
major and successful role in stimulating the economy and developing
jobs in rural areas experiencing high unemployment and depressed
economies. Increasing the loan ceiling quickly will allow them to
receive additional funds to continue to provide needed assistance.
Delaying action will only deprive them of opportunities to provide
assistance. Comments will be accepted for 60 days after publication
and, if appropriate, adjustments will be made in the regulation based
on the comments.
List of Subjects in 7 CFR Part 1948
Business and industry, Credit, Economic development, Rural areas.
Accordingly, Part 1948, Chapter XVIII, Title 7 of the Code of
Federal Regulations is amended as follows:
PART 1948--RURAL DEVELOPMENT
1. The authority citation for part 1948 continues to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note; 7 CFR 2.23, and
2.70.
Subpart C--Intermediary Relending Program (IRP)
2. Section 1948.103 is amended by revising paragraph (c) (4) to
read as follows:
Sec. 1948.103 Eligibility requirements.
* * * * *
(c) * * *
(4) The total amount of Agency loan funds requested by the
intermediary plus the outstanding balance of existing IRP loan(s) will
meet one of the following conditions:
(i) IRP loan funds will not exceed $4 million per intermediary for
loans approved on or before August 28, 1996.
(ii) IRP loan funds will not exceed $2 million per intermediary for
loans approved after August 28, 1996.
* * * * *
Dated: February 7, 1996.
Wally B. Beyer,
Acting Under Secretary for Rural Economic and Community Development.
[FR Doc. 96-4018 Filed 2-21-96; 8:45 am]
BILLING CODE 3410-32-P
Complete official Federal Register PDF
FR Doc. 96-3936 Employee Protection Policies; Minor Amendments
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6762-6766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3936]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 19, 30, 40, 50, 60, 61, 70, and 72
RIN 3150-AF45
Employee Protection Policies; Minor Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations related to notices to workers and to employee protection
policies. This action is necessary to require the use of an updated NRC
Form 3, update a telephone number, and to clarify the applicability of
employment discrimination policies.
EFFECTIVE DATE: The final rule is effective April 22, 1996, unless
significant adverse comments are received by March 25, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Docketing and Service
Branch. Hand deliver comments to 11555 Rockville Pike, Maryland,
between 7:45 am and 4:15 pm on Federal workdays.
For information on submitting comments electronically, see the
discussion under Electronic Access in the Supplementary Information
Section.
Copies of any comments received may be examined at the NRC Public
Document Room, 2120 L Street NW (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415-6196, e-mail [email protected]
[[Page 6763]]
SUPPLEMENTARY INFORMATION:
Background
The purpose of these amendments to 10 CFR Part 19, and related
sections, is to promulgate a change to incorporate a reference to the
most recent revision of NRC Form 3, update a telephone number, and
clarify the applicability of employment discrimination policies to 10
CFR Parts 61 and 76.
NRC regulations in Sec. 19.11, ``Posting of notices to workers,''
specify the June 1993 revision of NRC Form 3, ``Notice to Employees,''
and an old NRC telephone number for obtaining NRC Form 3. A new version
of the form was issued in January 1996, and because licensees and
applicants are required to prominently post the most current version of
NRC Form 3, Sec. 19.11 is being updated. Related sections in Parts 30,
40, 50, 60, 61, 70, and 72 also have the old NRC telephone number and
are being updated.
The primary differences between the old and new NRC Form 3 are
related to reporting violations and safety concerns, the addition of an
NRC Safety Hotline and other NRC toll-free numbers, what constitutes
discrimination, the realignment of NRC Regions, and the actions NRC
will take for allegations of harassment, intimidation, or
discrimination.
NRC regulations in Sec. 19.20, ``Employee protection,'' were
adopted in July 1982. Part 61, ``Licensing Requirements for Land
Disposal of Radioactive Waste,'' was adopted in 1982 (47 FR 57446;
December 27, 1982); and Part 76, ``Certification of Gaseous Diffusion
Plants,'' was adopted in 1994 (59 FR 48944; September 23, 1994). Both
Parts 61 and 76 adopted the July 1982 employee protection provisions
incorporated into Parts 30, 40, 50, 60, 70, and 72. Section 19.20 is
being updated to refer to Parts 61 and 76 for consistency and
clarification of employee protection policies.
Electronic Access
Comments may be submitted electronically, in either ASCII text or
Wordperfect format (version 5.1 or later), by calling the NRC
Electronic Bulletin Board on FedWorld. The bulletin board may be
accessed using a personal computer, a modem, and one of the commonly
available communications software packages, or directly via Internet.
If using a personal computer and modem, the NRC subsystem on
FedWorld can be accessed directly by dialing the toll free number: 1-
800-303-9672. Communication software parameters should be set as
follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1).
Using ANSI or VT-100 terminal emulation, the NRC NUREGs and RegGuides
for Comment subsystem can then be accessed by selecting the ``Rules
Menu'' option from the ``NRC Main Menu.'' For further information about
options available for NRC at FedWorld, consult the ``Help/Information
Center'' from the ``NRC Main Menu.'' Users will find the ``FedWorld
Online User's Guides'' particularly helpful. Many NRC subsystems and
databases also have a ``Help/Information Center'' option that is
tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial
phone number for the main FedWorld BBS, 703-321-3339, or by using
Telnet via Internet, fedworld.gov. If using 703-321-3339 to contact
FedWorld, the NRC subsystem will be accessed from the main FedWorld
menu by selecting the ``Regulatory, Government Administration and State
Systems,'' then selecting ``Regulatory Information Mall.'' At that
point, a menu will be displayed that has an option ``U.S. Nuclear
Regulatory Commission'' that will take you to the NRC Online main menu.
The NRC Online area also can be accessed directly by typing ``/go nrc''
at a FedWorld command line. If you access NRC from FedWorld's main
menu, you may return to FedWorld by selecting the ``Return to
FedWorld'' option from the NRC Online Main Menu. However, if you access
NRC at FedWorld by using NRC's toll-free number, you will have full
access to all NRC systems but you will not have access to the main
FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and
menus, including the Rules menu. Although you will be able to download
documents and leave messages, you will not be able to write comments or
upload files (comments). If you contact FedWorld using FTP, all files
can be accessed and downloaded but uploads are not allowed; all you
will see is a list of files without descriptions (normal Gopher look).
An index file listing all files within a subdirectory, with
descriptions, is included. There is a 15-minute time limit for FTP
access.
Although FedWorld can be accessed through the World Wide Web, like
FTP that mode only provides access for downloading files and does not
display the NRC Rules menu.
For more information on NRC bulletin boards call Mr. Arthur Davis,
Systems Integration and Development Branch, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail
AXD[email protected].
Procedural Background
Because NRC considers this action noncontroversial and routine, we
are approving it without seeking public comments on proposed
amendments. This action will become effective on April 22, 1996.
However, if the NRC receives significant adverse comments by March 25,
1996, then the NRC will publish a document that withdraws this action,
and will address the comments received in response to the requested
revisions which have been proposed for approval and are being
concurrently published in the proposed rules section of this Federal
Register. Comments will be addressed in the final rule on this
proposal. The NRC will not initiate a second comment period on this
action.
Environmental Impact: Categorical Exclusion
The Commission has determined that this final rule is the type of
action described in categorical exclusions 10 CFR 51.22(c)(1).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule does not contain a new or amended information
collection requirement subject to the Paper Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Existing requirements were approved by the Office
of Management and Budget, approval 3150-0044, 10 CFR Part 19; 3150-
0017, 10 CFR Part 30; 3150-0020, 10 CFR Part 40; 3150-0011, 10 CFR Part
50; 3150-0127, 10 CFR Part 60; 3150-0135, 10 CFR Part 61; 3150-0009, 10
CFR Part 70; and 3150-0132, 10 CFR Part 72.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
Regulatory Analysis
A regulatory analysis has not been prepared for this Direct Final
Rule because this rule is considered minor and not a substantial
amendment; it has no economic impact on NRC licensees or the public.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this rule does not have a
significant economic impact upon a substantial number of small
entities.
Any small entity subject to this regulation which determines that,
[[Page 6764]]
because of its size, it is likely to bear a disproportionate adverse
economic impact should notify the Commission of this in a comment that
indicates the following:
(a) The licensee's size and how the regulation would result in a
significant economic burden upon the licensee as compared to the
economic burden on a larger licensee.
(b) How the regulations could be modified to take into account the
licensee's differing needs or capabilities.
(c) The benefits that would accrue, or the detriments that would be
avoided, if the regulations were modified as suggested by the licensee.
(d) How the regulation, as modified, would more closely equalize
the impact of regulations or create more equal access to the benefits
of Federal programs as opposed to providing special advantages to any
individual or group.
(e) How the regulation, as modified, would still adequately protect
public health and safety.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this rule, and therefore, a backfit analysis is not
required because these amendments do not involve any provisions that
would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects
10 CFR Part 19
Criminal penalties, Environmental protection, Nuclear materials,
Nuclear power plants and reactors, Occupational safety and health,
Radiation protection, Reporting and recordkeeping requirements, Sex
discrimination.
10 CFR Part 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Special nuclear material.
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
10 CFR Part 60
Criminal penalties, High-level waste, Nuclear power plants and
reactors, Nuclear materials, Reporting and recordkeeping requirements,
Waste treatment and disposal.
10 CFR Part 61
Criminal penalties, Low-level waste, Nuclear materials, Reporting
and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 70
Criminal penalties, Hazardous materials transportation, Material
control and accounting, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 72
Manpower training programs, Nuclear materials, Occupational safety
and health, Reporting and recordkeeping requirements, Security
measures, Spent fuel.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR Parts 19, 30, 40, 50, 60, 61, 70,
and 72.
PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION
AND INVESTIGATIONS
1. The authority citation for Part 19 continues to read as follows:
Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930,
933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as
amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073,
2093, 2111, 2133, 2134, 2201, 2236, 2282, 2297f); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841); Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851).
2. In Sec. 19.11, the note following paragraph (c) is removed and
paragraph (c) is revised to read as follows:
Sec. 19.11 Posting of notices to workers.
* * * * *
(c)(1) Each licensee and each applicant for a specific license
shall prominently post NRC Form 3 (Revision dated January 1996),
``Notice to Employees.''
(2) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
3. Section 19.20 is revised to read as follows:
Sec. 19.20 Employee protection.
Employment discrimination by a licensee (or a holder of a
certificate of compliance issued pursuant to Part 76) or a contractor
or subcontractor of a licensee (or a holder of a certificate of
compliance issued pursuant to Part 76) against an employee for engaging
in protected activities under this part or Parts 30, 40, 50, 60, 61,
70, 72, 76, or 150 of this chapter is prohibited.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
4. The authority citation for Part 30 continues to read as follows:
Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat.
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
5. In Sec. 30.7, the note to paragraph (e)(2) is redesignated as
paragraph (e)(3) and revised to read as follows:
Sec. 30.7 Employee protection.
* * * * *
(e) * * *
(3) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
6. The authority citation for part 40 continues to read as follows:
Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2),
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094,
2095, 2111, 2113, 2114, 2201, 2232,
[[Page 6765]]
2233, 2236, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688 (42 U.S.C.
2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended,
1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as
amended by Pub. L. 97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec 2902, 106 Stat. 3123, (42
U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat.
939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68
Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
7. In Sec. 40.7, the note to paragraph (e)(2) is redesignated as
paragraph (e)(3) and revised to read as follows:
Sec. 40.7 Employee protection.
* * * * *
(e) * * *
(3) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
8. The authority citation for Part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat 3123, (42
U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd),
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58,
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184,
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued
under sec. 187, 68 Stat. 955 (42 U.S.C 2237).
9. In Sec. 50.7, paragraph (e) is redesignated as (e)(1) and the
note to paragraph (e) is redesignated as paragraph (e)(2) and revised
to read as follows:
Sec. 50.7 Employee protection.
* * * * *
(e) * * *
(2) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE IN GEOLOGIC
REPOSITORIES
10. The authority citation for Part 60 continues to read as
follows:
Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141) and
Pub. L. 102-486, sec 2902, 106 Stat. 3123 (42 U.S.C. 5851).
11. In Sec. 60.9, paragraph (e) is redesignated as (e)(1) and the
note to paragraph (e) is redesignated as paragraph (e)(2) and revised
to read as follows:
Sec. 60.9 Employee protection.
* * * * *
(e) * * *
(2) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
12. The authority citation for Part 61 continues to read as
follows:
Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077,
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat.
1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601,
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec
2902, 106 Stat. 3123, (42 U.S.C. 5851).
13. In Sec. 61.9, paragraph (e) is redesignated as (e)(1) and the
note to paragraph (e) is redesignated as paragraph (e)(2) and revised
to read as follows:
Sec. 61.9 Employee protection.
* * * * *
(e) * * *
(2) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
14. The authority citation for Part 70 continues to read as
follows:
Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233,
2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242,
as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122,
68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec.
57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36
and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42
U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
15. In Sec. 70.7, the note to paragraph (e)(2) is redesignated as
paragraph (e)(3) and revised to read as follows:
Sec. 70.7 Employee protection.
* * * * *
(e) * * *
(3) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
16. The authority citation for Part 72 continues to read as
follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat.
[[Page 6766]]
929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093,
2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282);
sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021);
sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244,
1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42
U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C.
4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat.
2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-
235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
17. In Sec. 72.10, paragraph (e)(2) is revised to read as follows:
Sec. 72.10 Employee protection.
* * * * *
(e) * * *
(2) Copies of NRC Form 3 may be obtained by writing to the Regional
Administrator of the appropriate U.S. Nuclear Regulatory Commission
Regional Office listed in Appendix D to Part 20 of this chapter or by
calling the NRC Information and Records Management Branch at (301) 415-
7230.
* * * * *
Dated at Rockville, Maryland this 7th day of February, 1996.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-3936 Filed 2-21-96; 8:45 am]
BILLING CODE 7590-01-P
Complete official Federal Register PDF
FR Doc. 96-3931 Family Violence Prevention and Services Programs
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6791-6793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3931]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1370
RIN 0970-AB21
Family Violence Prevention and Services Programs
AGENCY: Administration for Children and Families (ACF), HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes requirements for sections 303,
308, 311, and 314 of the Family Violence Prevention and Services Act,
as amended, and provides States, Indian tribes and other grantees with
information on grants available under these sections of the statute.
EFFECTIVE DATE: March 25, 1996.
ADDRESSES: Administration for Children and Families, Office of
Community Services, Fifth Floor, 370 L'Enfant Promenade, SW.,
Washington, DC 20447.
FOR FURTHER INFORMATION CONTACT: William D. Riley, (202) 401-5529.
SUPPLEMENTARY INFORMATION: Sections 311(h) and 312(a) of the Family
Violence Prevention and Services Act, as amended, require the Secretary
to publish regulations implementing sections 303, 308, 311, and 314, of
the Act. These final regulations address this requirement.
Program Description
The Family Violence Prevention and Services Act (the Act)
authorizes formula and discretionary grant programs which fund a range
of activities designed to both prevent family violence and provide
services to victims of family violence. Enacted as title III of the
Child Abuse Amendments of 1984, the Act was amended and reauthorized by
Public Law 102-295, the Child Abuse, Domestic Violence, Adoption, and
Family Services Act of 1992. The Act was further amended by Public Law
103-322, the Violent Crime Control and Law Enforcement Act of 1994,
also known as the ``Crime Bill''.
Under section 303 of the Act, funds are awarded as formula grants
to States and Indian tribes and tribal organizations to assist in
supporting activities to prevent incidents of family violence and to
provide immediate shelter and related assistance for victims of family
violence and their dependents. These grants have supplemented many
already established community-based family violence prevention and
service activities. They also have allowed States and tribes to expand
current service programs and establish additional new shelters in rural
and underserved areas, on reservations, and in Alaskan Native Villages
and Regional Corporation Areas. In most areas, there is private sector
as well as State and local funding for these emergency shelters.
Under section 311 of the Act, added by the 1992 amendments, formula
grants are available to private non-profit State domestic violence
coalitions to conduct domestic violence intervention and prevention
activities and to increase public awareness of domestic violence
issues. Grant funds support training and technical assistance
activities as well as public education services.
The 1992 amendments also added a new section 308 to the Act which
requires the Secretary to establish and maintain a national resource
center for family violence prevention and services and up to six
special issue resource centers. The Crime Bill increased the allowed
number of special issue resource centers to seven. The purpose of the
national resource center and the special issue resource centers is to
offer resource, policy, and technical assistance and training
assistance to Federal, State, and local government agencies, to
domestic violence service providers, and to other professionals and
interested parties on issues pertaining to domestic violence.
Currently, the national resource center maintains a central
resource library to collect and disseminate information relating to the
incidence and prevention of family violence and the provision of
immediate shelter and related assistance. The special interest resource
centers provide a specialization, on a nationwide basis, in at least
one area of domestic violence service, prevention, or law.
Discretionary grants also are awarded under section 314 of the Act
to public and private non-profit agencies, including Indian tribes and
tribal organizations to assist in the development of public information
and community awareness campaign activities that will serve as
information models for the prevention of family violence.
Approach to Writing the Final Rule
A notice of proposed rulemaking (NPRM) was published in the Federal
Register on December 10, 1993 (58 FR 64920). Two letters containing
comments were received in response to the NPRM. Later in the preamble,
we summarize the comments and respond to them. No changes have been
made to the regulation in response to comments received.
In February of 1995, the President announced a Regulatory
Reinvention Initiative as part of the National Performance Review,
calling for more immediate, comprehensive regulatory reform. As part of
this initiative, he directed all agencies to undertake an exhaustive
review of all regulations--with an eye toward eliminating or modifying
those that are obsolete or which are otherwise in need of reform. With
this in mind, we reexamined the language in the NPRM to see whether the
final regulation could achieve the same objectives in a simpler, more
consistent, and more flexible manner.
The NPRM generally did not reiterate the statute or list all
applicable regulations. Rather, it stated broadly that grantees must
meet the statutory requirements of the Act as well as all applicable
regulations, and it referenced the pertinent program funding
announcements in each of the four sections of the proposed rule. The
program funding announcements, which are published in the Federal
Register, describe the relevant statutory and regulatory requirements,
as well as
[[Page 6792]]
information about funding availability and the grant application
process.
The final rule retains the approach outlined in the NPRM while
removing several unnecessary paragraphs to improve regulatory
flexibility and consistency. The NPRM listed financial and program
reporting requirements for grantees under paragraphs (b) and (c) of
section 1370.2, paragraphs (b) and (c) of section 1370.3, paragraphs
(b) and (c) of section 1370.4, and paragraphs (b) and (c) of section
1370.5. After careful reexamination, we have removed these paragraphs
from the NPRM. Also, we have added clarifying language in sections
1370.2, 1370.3, 1370.4, and 1370.5 of the final rule which makes clear
that all applicable reporting requirements are to be found in the
program funding announcements.
For similar reasons, we have removed paragraphs (d) and (e) of
Sec. 1370.2 of the NPRM to be consistent with the way in which the
final rule treats other statutory requirements. Paragraphs (d) and (e),
which concern State and Indian Tribal formula grants, spelled out
certain statutorily-related provisions concerning confidentiality of
records and tribal authorization requirements. Because they are
described in the funding announcement for the State and Indian Tribal
formula grant program, they do not need to be repeated in the
regulatory text. We have added clarifying language that applicable
statutory requirements are described in the program funding
announcements.
No other changes have been made to the notice of proposed
rulemaking.
Discussion of Part 1370--Family Violence Prevention and Services
Programs
Purpose (Sec. 1370.1)
This section states that sections 303, 308, 311, and 314 of the
Family Violence Prevention and Services Act are addressed in 45 CFR
Part 1370 and states that all programs authorized under the Act are
funded subject to the availability of funds.
State and Indian Tribal Grants (Sec. 1370.2)
This section establishes requirements for formula grants to States
and Indian tribes and tribal organizations under section 303 of the
Act.
Information and Technical Assistance Center Grants (Sec. 1370.3)
This section establishes requirements to support a national
resource center and up to seven special issue resource centers under
section 308 of the Act.
State Domestic Violence Coalition Grants (Sec. 1370.4)
This section establishes requirements for formula grants to State
domestic violence coalitions under section 311 of the Act.
Public Information Campaign Grants (Sec. 1370.5)
This section establishes requirements to fund discretionary grants
for public information campaigns under section 314 of the Act.
Discussion of Comments Received
Two letters containing comments were received in response to the
notice of proposed rulemaking published in the Federal Register on
December 10, 1993. One commenter represented a State program and the
other represented a national association.
The comments are summarized below and are followed by the
Department's response.
Comment: One commenter, representing a State program, concurred
with the rules and procedures proposed in the NPRM. The commenter also
stressed the need for State and Indian tribal grantees to have an
active, collaborative relationship with recipients of grants under
those sections of the Act covered by the regulation and recommended
that the Federal government establish guidelines for such
collaboration.
Response: We agree with the commenter about the importance of
collaboration among grantees, other governmental agencies,
organizations, and individuals involved in family violence prevention
and service activities. Currently, recipients of the State Domestic
Violence Coalition grants participate with the State family violence
grantees in monitoring and compliance activities. In addition, the
national resource center and the three special issue resource centers
we have funded have formed collaborative and participatory
relationships not only with State and tribal grantees but with other
organizations, scholars, practitioners, and individuals in the areas of
domestic violence prevention and services. We believe that, rather than
enacting a single set of Federal guidelines for collaboration, it is
preferable to retain the option of promoting collaboration through a
variety of methods which can be periodically reviewed and easily
refined or augmented where necessary.
Comment: A commenter from a national association noted that family
violence programs have the potential to offer needed services,
information and support to older persons who are the victims of
violence occurring in the context of family relationships. The
commenter encouraged the Department of Health and Human Services to
obtain information from grantees concerning the extent to which older
people are served through the programs and to seek information about
good practices regarding services to older victims and prevention
activities targeted to older persons.
Response: Recipients of State and Indian tribal formula grants are
asked to submit annual program activity reports which contain, among
other things, a description of the characteristics and demographics of
the persons served by service or activity. The reports also describe
the major activities supported by the Family Violence Prevention and
Services Act funds and the specific priorities addressed by the State,
tribe or tribal organization as well as describing the prevention
activities supported during the program year. We expect the annual
reports to provide information on the numbers of elderly served and on
the types of activities and services which affect this population. In
addition, the Administration on Aging, in cooperation with the
Administration for Children and Families, in the Department of Health
and Human Services is currently funding a study of elder abuse in
domestic settings. The study is being carried out by the National
Center on Elder Abuse.
Regulatory Procedures
Executive Order 12866
Executive Order 12866 requires that regulations be reviewed to
ensure that they are consistent with the priorities and principles set
forth in the Executive Order. The Department has determined that this
rule is consistent with these priorities and principles. No costs are
associated with this rule.
Regulatory Flexibility Act
The Regulatory Flexibility Act (Pub. L. 96-354) requires the
Federal government to anticipate and reduce the impact of regulations
and paperwork requirements on small entities. The primary impact of
these rules is on State governments, non-profit organizations and
individuals. We certify that these rules will not have a significant
impact on a substantial number of small entities because they simply
establish procedures for grant applications and include no standards or
requirements which would burden small entities. Thus, a regulatory
flexibility analysis is not required.
[[Page 6793]]
Paperwork Reduction Act
The regulation contains no information collection requirements
which are subject to review and approval by OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 45 CFR Part 1370
Aged, Child welfare, Grant programs--Social programs, Domestic
violence, Family violence, Spouse abuse, Elder abuse and neglect.
(Catalog of Federal Domestic Assistance Programs: 93.671, Family
Violence Prevention and Services Program)
Dated: January 31, 1996.
Mary Jo Bane,
Assistant Secretary for Children and Families.
For the reasons set forth in the preamble, Title 45, Chapter XIII,
of the Code of Federal Regulations is amended by adding a new
subchapter H consisting of part 1370 to read as follows:
SUBCHAPTER H--FAMILY VIOLENCE PREVENTION AND SERVICES
PART 1370--FAMILY VIOLENCE PREVENTION AND SERVICES PROGRAMS
Sec.
1370.1 Purpose.
1370.2 State and Indian tribal grants.
1370.3 Information and technical assistance center grants.
1370.4 State domestic violence coalition grants.
1370.5 Public information campaign grants.
Authority: 42 U.S.C. 10401 et seq.
Sec. 1370.1 Purpose.
This part addresses sections 303, 308, 311, and 314 of the Family
Violence Prevention and Services Act (the Act), as amended (42 U.S.C.
10401 et seq.). The Act authorizes the Secretary to implement programs
for the purposes of increasing public awareness about and preventing
family violence; providing immediate shelter and related assistance for
victims of family violence and their dependents; and providing for
technical assistance and training relating to family violence programs
to States, tribes, local public agencies (including law enforcement
agencies, courts, legal, social service, and health care
professionals), non-profit private organizations and other persons
seeking such assistance. All programs authorized under the Act are
funded subject to the availability of funds.
Sec. 1370.2 State and Indian tribal grants.
Each grantee awarded funds under section 303 of the Act must meet
the statutory requirements of the Act and all applicable regulations.
An announcement which describes the application process, including
information on statutory requirements, other applicable regulations,
and any required financial and program reports, is published in the
Federal Register.
Sec. 1370.3 Information and technical assistance center grants.
Each grantee awarded funds under section 308 of the Act must meet
the statutory requirements of the Act and all applicable regulations.
An announcement which describes the application process, including
information on statutory requirements, other applicable regulations,
and any required financial and program reports, is published in the
Federal Register.
Sec. 1370.4 State domestic violence coalition grants.
Each grantee awarded funds under section 311 of the Act must meet
the statutory requirements of the Act and all applicable regulations.
An announcement which describes the application process, including
information on statutory requirements, other applicable regulations,
and any required financial and program reports, is published in the
Federal Register.
Sec. 1370.5 Public information campaign grants.
Each grantee awarded funds under section 314 of the Act must meet
the statutory requirements of the Act and all applicable regulations.
An announcement which describes the application process, including
information on statutory requirements, other applicable regulations,
and any required financial and program reports, is published in the
Federal Register.
[FR Doc. 96-3931 Filed 2-21-96; 8:45 am]
BILLING CODE 4184-01-P
Complete official Federal Register PDF
FR Doc. 96-3905 Warehouse Withdrawals; Aircraft Fuel Supplies; Pipeline Transportation in Bond of Merchandise
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6772-6780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3905]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 10, 18 and 113
[T.D. 96-18]
RIN 1515-AB67
Warehouse Withdrawals; Aircraft Fuel Supplies; Pipeline
Transportation in Bond of Merchandise
AGENCY: Customs Service, Treasury.
ACTION: Notice of interim regulations, solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: The amendments contained in this document are being published
as interim regulations to implement certain statutory amendments to the
Customs laws regarding recordkeeping for merchandise transported by
pipeline and duty-free withdrawals from Customs bonded warehouses of
aircraft turbine fuel. These statutory amendments are contained in the
Customs modernization provisions of the North American Free Trade
Agreement Implementation Act. Also, the interim regulations clarify the
procedures applicable to aircraft turbine fuel which is withdrawn from
a Customs bonded warehouse for certain duty-free use and is commingled
with other lots of fuel before being so used.
DATES: Interim rule effective April 8, 1996; comments must be received
on or before March 25, 1996.
ADDRESSES: Written comments (preferably in triplicate) must be
submitted to U.S. Customs Service, ATTN: Regulations Branch, Franklin
Court, 1301 Constitution Avenue, NW., Washington, D.C. 20229, and may
be inspected at the Regulations Branch, 1099 14th Street, NW., Suite
4000, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: William G. Rosoff, Office of
Regulations and Rulings, (202-482-7040).
SUPPLEMENTARY INFORMATION:
Background
On December 8, 1993, the President of the U.S. signed into law the
North American Free Trade Agreement Implementation Act (Pub. L. 103-
182, 107 Stat. 2057). Title VI of this Act, popularly known as the
Customs Modernization Act (the Act) amended certain Customs laws.
Section 664 of the Act amended the Customs laws by the insertion of a
new section 553a, Tariff Act of 1930 (19 U.S.C. 1553a), and section 665
of the Act amended section 557(a), Tariff Act of 1930, as amended (19
U.S.C. 1557(a)).
Under the new 19 U.S.C. 1553a, merchandise in Customs custody that
is transported by pipeline may be accounted for on a quantitative
basis. The term ``merchandise in Customs custody,'' is meant to
comprise bonded merchandise (e.g., merchandise which has not been
entered for consumption, including merchandise transported in bond,
merchandise from a Customs bonded warehouse, or merchandise from a
foreign trade zone) (see legislative history for this provision in
H.R.Rep.No. 103-361, 103d Cong., 1st Sess., Pt. 1, 150-151 (1993), and
S.Rep.No. 103-189, 103d Cong., 1st Sess., 97 (1993)). Section 1553a
[[Page 6773]]
provides for the use of the bill of lading or equivalent document of
receipt, issued by the pipeline carrier to the shipper and accepted by
the consignee, to account for the quantity of merchandise transported
and to maintain the identity of that merchandise. Unless Customs has
reasonable cause to suspect fraud, the provision authorizes Customs to
accept the bill of lading, or equivalent document of receipt, for this
purpose. Under 19 U.S.C. 1553a, the shipper, pipeline operator, and
consignee are subject to the recordkeeping requirements of sections 508
and 509, Tariff Act of 1930, as amended (19 U.S.C. 1508, 1509).
The background to, and reasons for, the addition of 19 U.S.C. 1553a
to the Customs laws are explained in the legislative history for the
Act (H.Rep.No. 361, ibid., and S.Rep.No. 189, ibid.). Currently, there
is no provision in the Customs laws or regulations governing the
transportation of bonded merchandise by pipeline. The general
provisions currently governing transportation in bond (entry for
immediate transportation and entry for transportation and exportation;
sections 552 and 553, Tariff Act of 1930, as amended (19 U.S.C. 1552,
1553)), do not authorize the commingling of bonded merchandise with
non-bonded merchandise in the transportation. Most merchandise
transported by pipeline is commingled and is susceptible to
quantitative accounting (see H.Rep.No. 189, ibid.). Analogous to the
amendment to 19 U.S.C. 1557(a) (discussed below), the new provision
permits the effective use of modern fuel transportation systems and
will reduce administrative costs and paperwork for the industry and the
Government.
Under the amendment to 19 U.S.C. 1557(a), turbine fuel may be
withdrawn from a Customs bonded warehouse for use under section 309,
Tariff Act of 1930, as amended (19 U.S.C. 1309), without the payment of
duty if an amount equal to the quantity of fuel withdrawn is shown to
be used as provided for in section 1309 within 30 days of withdrawal.
Under section 1309, in part, articles may be withdrawn from any Customs
bonded warehouse free of duty for supplies of foreign or U.S. vessels
or aircraft actually engaged in foreign trade or trade between the U.S.
and any of its possessions, or between Hawaii and any other part of the
U.S. or between Alaska and any other part of the U.S. Section 1309
contains an exception under which the provisions for free withdrawals
in that section are not applicable to petroleum products for vessels or
aircraft in voyages or flights exclusively between Hawaii or Alaska and
any airport or Pacific coast seaport of the U.S.
Under the amended 19 U.S.C. 1557(a), duties are required to be
deposited on turbine fuel which was withdrawn in excess of the quantity
shown to have been used under 19 U.S.C. 1309 during the 30-day period
following withdrawal of the fuel. Such duties must be deposited by the
40th day after the date of withdrawal of the fuel. Interest on the
duties is payable from the date of withdrawal.
The background to, and reasons for, the amendment to 19 U.S.C.
1557(a) are explained in the legislative history for the Act (H.Rep.No.
361, ibid., and S.Rep.No. 189, ibid.). According to these reports, the
nature of major airport fueling systems is that different lots (bonded,
imported, domestic, etc.) of turbine fuel are commingled in a common
hydrant system. Under the law and regulations before the amendment of
19 U.S.C. 1557(a), Customs considered withdrawal of fuel from storage
tanks at airports into the common hydrant system as withdrawal from
bonding. Therefore, in order for such bonded fuel to qualify for the
duty-free treatment authorized under 19 U.S.C. 1309, Customs required
daily accounting for the commingled bonded fuel.
According to the industry, identifying the turbine fuel which is
used for flights qualifying under 19 U.S.C. 1309 and that used for non-
qualifying flights at the time that turbine fuel is entered into the
common hydrant system is impracticable and, if possible, would result
in great administrative expense and excessive paperwork. Alternatively,
requiring multiple hydrant systems (for different lots of turbine fuel)
is physically impracticable at most airports and would also result in
great expense.
According to this legislative history, the amendment to 19 U.S.C.
1557(a) will permit the effective use of modern fueling systems at U.S.
airports. It will also permit the intended use of existing law (i.e.,
19 U.S.C. 1309) permitting the duty-free withdrawal of supplies for
qualifying aircraft. Further, it will substantially reduce
administrative costs and paperwork for the industry and administrative
costs for the Government.
Because Customs is aware of some confusion regarding the
possibility of similar treatment of turbine fuel removed from a foreign
trade zone for flights qualifying under 19 U.S.C. 1309, we are noting
in this document that there is no provision for foreign trade zones in
the Act similar to the amendment to 19 U.S.C. 1557(a) effected by
section 665 of the Act. It is true that the legislative history to
section 637 of the Act amending the statute governing formal entry (19
U.S.C. 1484) indicates that Congress intended that Customs, in
developing regulations for periodic entry, should allow for weekly and
monthly entries for merchandise shipments from general purpose foreign
trade zones and subzones (see H.Rep.No. 361, ibid., at 136). The
amendments effected by section 637 of the Act, however, are general
amendments regarding formal entry requirements and procedures, under
which amendments to the regulations governing formal entry (see parts
141, 142, and 143) are under consideration. By contrast, the sections
of the Act implemented by this document are specific provisions
relating to the subject matter of this document, and not to removals of
turbine fuel from foreign trade zones. As stated above, no such
provision (i.e., specifically governing removal from a foreign trade
zone of turbine fuel for use on qualifying flights under 19 U.S.C.
1309) was enacted in the Act. Therefore, because this document is
intended to implement the specific provisions effected by sections 664
and 665 of the Act, no specific provision is promulgated in this
document providing for periodic entries of turbine fuel removed from a
foreign trade zone for use on qualifying flights under 19 U.S.C. 1309.
(We do note, however, that the regulations implementing section 664 of
the Act may affect turbine fuel removed from a foreign trade zone and
transported by pipeline to the location where it may be loaded on
qualifying flights under 19 U.S.C. 1309.)
Pipeline Transportation in Bond
The Customs Regulations generally pertaining to the transportation
of merchandise in bond are currently found in part 18. These interim
regulations implement the new 19 U.S.C. 1553a by the addition to part
18 of a new Sec. 18.31. Generally, this new Sec. 18.31 provides that
merchandise may be transported by pipeline under the procedures
provided for in part 18, unless otherwise specifically provided. The
new Sec. 18.31 provides for the acceptance by Customs of a bill of
lading or equivalent document of receipt to account for the quantity of
merchandise transported and to maintain the identity of the
merchandise, under the circumstances provided in the statute (i.e., the
bill of lading or equivalent document of receipt must be issued by the
pipeline operator to the shipper and accepted by
[[Page 6774]]
the consignee and there must be no reasonable cause for Customs to
suspect fraud).
Basically, the new Sec. 18.31 adopts the current procedures for
transportation in bond, as applicable to pipeline transportation. That
is, generally, merchandise to be transported in bond between ports in
the U.S. is delivered to a common carrier, contract carrier, freight
forwarder, or private carrier bonded for that purpose. The carrier
prepares an in-bond document and takes receipt of the merchandise. The
in-bond document (which also serves as the transportation entry or
withdrawal), with receipt of the merchandise by the carrier noted
thereon, together with a Customs control card or carnet, is used as the
in-bond manifest for the merchandise to its port of destination.
Delivery of the merchandise at the port of destination is required
within 30 days after the date of receipt by the carrier at the port of
origin, or 60 days after such date if the merchandise is transported on
board a vessel engaged in the coastwise trade (except for transit air
cargo in which case 10 days is given, under Sec. 122.118). Within 2
days of arrival of the merchandise at the port of destination, the
delivering carrier is required to report the arrival to Customs by
surrendering the in-bond manifest to Customs at that port.
Under its bond, the initial carrier is responsible for any
shortage, irregular delivery, or nondelivery at the port of destination
or exportation. Specific provision is made for transshipment to one or
more other conveyances, diversion to a different port, the different
kinds of transportation entry or withdrawal which may be made (i.e.,
for immediate transportation, exportation, and transportation and
exportation), change of the foreign destination of merchandise entered
or withdrawn for transportation and exportation, retention of
merchandise on the dock, and the splitting of a shipment of merchandise
for exportation.
In addition to incorporating these general requirements, the new
Sec. 18.31 provides for the inclusion of the bill of lading or
equivalent document of receipt with the Customs in-bond document for
merchandise to be transported in bond by pipeline. Provided that there
are no discrepancies between the bill of lading or equivalent document
of receipt and the other documents making up the in-bond manifest for
the merchandise, and provided that Customs has no reasonable cause to
suspect fraud, the bill of lading or equivalent document of receipt is
to be accepted by Customs at the port of destination or exportation as
establishing the quantity and identity of the merchandise transported.
In cases in which the initial carrier transfers or transships
merchandise to another conveyance or carrier, the new Sec. 18.31
generally adopts the procedures in the current provision for
transshipment (Sec. 18.3). Basically, those procedures require the in-
bond document accompanying the merchandise to be presented to Customs
at the place of transshipment for execution of a certificate of
transfer on the document. The notated document then accompanies the
merchandise to its port of destination or exportation. If the
merchandise is to be transshipped to more than one conveyance,
additional copies of the in-bond document are required.
In addition to these procedures, the new Sec. 18.31 provides that,
if a pipeline is the initial carrier, a copy of the bill of lading or
equivalent document of receipt shall be delivered to the person in
charge of the conveyance to which the merchandise is transferred, and
if the merchandise is transferred to more than one conveyance, to the
person in charge of each of the conveyances. If the initial carrier is
not a pipeline, the new Sec. 18.31 provides for the delivery, along
with the in-bond document, of the bill of lading or equivalent document
of receipt issued by the pipeline operator to the shipper to the
appropriate Customs official at the port of destination or exportation.
As is currently provided in Sec. 18.3, the in-bond document will be
executed by Customs with the certificate of transfer in either case
(i.e., if a pipeline is the initial carrier or if the initial carrier
is not a pipeline).
The new Sec. 18.31 also makes it clear, as is currently provided in
part 18 (see Sec. 18.8), that the initial carrier is responsible for
any discrepancies, including shortages, irregular deliveries, or
nondeliveries at the port of destination or exportation. As provided in
19 U.S.C. 1553a, the new Sec. 18.31 provides that the shipper, pipeline
operator, and consignee are subject to the recordkeeping requirements
in 19 U.S.C. 1508 and 19 U.S.C. 1509, as provided in 19 CFR part 162.
To make it clear to the public that the Customs Regulations
pertaining to transportation in bond apply to transportation by
pipeline, the definition of ``common carrier'' in Sec. 18.1(a)(1) is
amended to specifically include a common carrier of merchandise owning
or operating a pipeline.
Withdrawal of Fuel From Warehouse
The Customs Regulations pertaining to the withdrawal of merchandise
from a Customs bonded warehouse are found in part 144. Under
Sec. 144.35, the withdrawal from warehouse of supplies and equipment
for vessels and aircraft are provided for in subpart D of part 144 and
Secs. 10.59 through 10.65. The latter contain specific provisions on
the duty-free treatment of supplies for foreign or U.S. vessels and
aircraft actually engaged in foreign trade under 19 U.S.C. 1309.
Pursuant to Sec. 10.59(d), although the provisions in Secs. 10.59
through 10.64 are written in terms of vessels, they are made applicable
to aircraft insofar as they may be so applicable. Specific provisions
for the withdrawal of fuel as supplies under 19 U.S.C. 1309 for vessels
or aircraft are provided in Sec. 10.62.
These interim regulations implement the amendment to 19 U.S.C.
1557(a) by the addition of a new Sec. 10.62b to part 10. Under the new
Sec. 10.62b, turbine fuel intended for use as supplies on aircraft
under 19 U.S.C. 1309 which is withdrawn from a Customs bonded warehouse
is entitled to duty-free treatment under 19 U.S.C. 1309 if an amount
equal to or exceeding the quantity of such fuel is established to have
been used on aircraft qualifying for duty-free treatment under 19
U.S.C. 1309 within 30 days after the withdrawal of the fuel from the
Customs bonded warehouse. For the procedures for such withdrawals,
Sec. 10.62b adopts the procedures now provided for in Secs. 10.59
through 10.65. Section 10.62b provides that withdrawals under that
provision shall be annotated to show the kind of withdrawal.
If less fuel than was withdrawn is used within 30 days of
withdrawal on qualifying aircraft, a withdrawal for consumption must be
filed and duties must be paid for the excess of fuel withdrawn over
that used on qualifying aircraft. The withdrawal for consumption must
be filed and the duties must be paid, with interest, by the 40th day
after the date of withdrawal of the fuel. Interest is calculated from
the date of withdrawal at the rate of interest established under 26
U.S.C. 6621.
The new Sec. 10.62b provides for two alternative ways of
establishing use by qualifying aircraft of fuel in an amount equal to
or exceeding the quantity of the fuel withdrawn under the provision.
In the first alternative, the person withdrawing the aircraft
turbine fuel submits records (e.g., ``uplift'' or refueling tickets)
prepared in the normal course of business effecting the transfer
[[Page 6775]]
to aircraft of fuel in an amount equal to or exceeding the quantity of
the fuel withdrawn which is not entered and on which duties are not
paid and objective evidence that the aircraft to which the fuel was
transferred were actually used in trade qualifying for the privileges
provided in 19 U.S.C. 1309. These records must identify the aircraft to
which the fuel is transferred by aircraft company name, flight number,
flight origin and destination, and date of flight, or other means of
identification satisfactory to Customs.
In the second alternative, the person withdrawing the aircraft
turbine fuel files a certification (documentary or electronic)
certifying: (1) The intended use under 19 U.S.C. 1309 of all of the
fuel withdrawn; (2) the transfer to qualifying aircraft within 30 days
of the date of withdrawal from warehouse of an amount of fuel equal to
or exceeding the quantity of the fuel withdrawn which is not entered
and on which duties are not paid; (3) the use of all aircraft onto
which the fuel, which is not entered and on which duties are not paid,
was uplifted in trade qualifying for treatment under 19 U.S.C. 1309;
and (4) that the person making the certification has evidence
(documentary or electronic) available for Customs inspection at a named
place which supports each of these statements. Under the second
alternative, the person making the certification must promptly provide
evidence supporting the claim, including the records described in the
other alternative means of establishing use of the fuel on a qualifying
aircraft (above), upon request by Customs. The records or certification
are required to be submitted to Customs by the 40th day after the date
of withdrawal of the fuel unless the fuel was withdrawn under a blanket
permit to withdraw, in which case the records or certification are
required to be submitted by the 40th day after all of the fuel covered
by the blanket permit has been withdrawn.
The new Sec. 10.62b provides for liquidated damages against the
person withdrawing turbine fuel under the section, under the provisions
of Sec. 113.62, for failure to account for such turbine fuel. Failure
to account for such turbine fuel includes: (1) The failure to file,
within 40 days from the date of withdrawal, a withdrawal for
consumption and pay applicable duty, with interest, on the quantity of
fuel withdrawn in excess of the quantity of fuel established to have
been used on qualifying aircraft within 30 days of withdrawal; (2) the
failure to timely file the evidence or certification, provided for in
the new Sec. 10.62b, establishing such use of the fuel which is not
entered and on which duties are not paid; or (3) the failure to
promptly provide, upon request by Customs, the evidence required to
support the claim for treatment under the new Sec. 10.62b. A conforming
amendment is made to Sec. 113.62, containing the basic importation and
entry bond conditions.
The new Sec. 10.62b provides that ``blanket'' withdrawals, under
existing regulations except as specifically provided in the provision,
may be used for withdrawals under this provision. Under a blanket
withdrawal, all or part of the merchandise entered into a warehouse may
be withdrawn, at different times if desired, without further Customs
approval (i.e., after approval of the blanket permit) (see 19 CFR
19.6(d)).
Because it is anticipated that blanket withdrawals will be the
predominant form of withdrawal under the amended 19 U.S.C. 1557(a) and
because of the need for certainty as to the time of withdrawal under
the amended 19 U.S.C. 1557(a), we are describing in detail the
requirements and procedures for blanket withdrawals under Sec. 10.62b.
As noted above, unless otherwise provided in Sec. 10.62b, these
procedures are provided for in existing regulations, specific
provisions of which are cited in the following description, along with
citations to the appropriate paragraphs in the new Sec. 10.62b.
As is true currently under Sec. 10.62, blanket withdrawals under
Sec. 10.62b may only be used when all of the turbine fuel in a Customs
bonded tank is intended only for loading duty-free as supplies on
aircraft qualifying for the privileges provided for in 19 U.S.C. 1309
(Sec. 10.62(a)). Unlike other blanket withdrawals (see Secs. 10.62(a)
and 19.6(d)(1)), turbine fuel withdrawn under these blanket withdrawal
procedures may be delivered at ports other than the port of withdrawal
(Sec. 10.62b(g)(2)).
Applications for permission for blanket withdrawals under
Sec. 10.62b are filed with Customs by the withdrawer on the warehouse
entry, or on the warehouse entry/entry summary when used as an entry
(Sec. 10.62b(g)(1)). The warehouse entry or entry/entry summary must be
annotated to indicate that permission for blanket withdrawal is sought
(Secs. 19.6(d)(1) and 10.62b(g)(1)). Customs acceptance of a properly
completed application for a blanket permit to withdraw constitutes
approval of the blanket permit to withdraw (Sec. 10.62b(g)(3)).
A copy of the approved blanket permit to withdraw is delivered to
the warehouse proprietor after which fuel may be withdrawn under the
terms of the permit (Sec. 10.62b(g)(4)). The blanket permit may be
revoked by Customs in favor of individual applications and permits if
the permit is found to be used for other purposes or if necessary to
protect the revenue or properly enforce any law or regulation
administered by Customs (Sec. 19.6(d)(1)). Withdrawals under an
approved blanket permit may be made without any further Customs
approval and are documented by the placement in the warehouse
proprietor's permit file folder of a copy of a commercially acceptable
document of receipt (such as a ``withdrawal ticket'') issued by the
warehouse proprietor, identified with a unique alpha-numeric code
(Secs. 19.6(d)(2) and 10.62b (g)(4) and (g)(5)). These documents of
receipt are required to contain the identity of the withdrawer,
identity of the warehouse and tank from which the fuel is withdrawn,
date of withdrawal, type of merchandise withdrawn, and quantity of
merchandise withdrawn (Sec. 10.62b(g)(5) (i) through (v)).
For blanket withdrawals, the date of withdrawal, for purposes of
calculating the 30-day period in which fuel must be used on qualifying
aircraft under 19 U.S.C. 1557(a), begins with the date on which
physical removal of the fuel from the warehouse commences
(Sec. 10.62b(g)(6)). That is, if removal of fuel begins at 10:00 PM on
``day one'' and is not completed until some time on ``day two'' or
later, all of the fuel must be used on qualifying aircraft within 30
days from ``day one'' to qualify for treatment under that provision.
If, within the 30-day period following withdrawal under a blanket
permit, less fuel is used on qualifying aircraft than was withdrawn, a
withdrawal for consumption must be filed and duties must be paid for
the excess of fuel withdrawn over that used on qualifying aircraft. As
provided by the amended 19 U.S.C. 1557(a) and these interim regulations
(Sec. 10.62b(e)), the withdrawal for consumption must be filed and the
duties must be paid, with interest, by the 40th day after the date of
withdrawal of the fuel.
When all of the fuel covered by an entry for which a blanket permit
to withdraw was issued has been withdrawn, the warehouse proprietor
prepares a blanket permit summary on a copy of Customs Form 7506 or a
form on the letterhead of the proprietor, bearing the words ``BLANKET
PERMIT SUMMARY'' in capital letters conspicuously printed or stamped in
the top margin (Secs. 19.6(d)(4) and 10.62b(g)(7)). The blanket permit
summary is required to provide an accounting of the disposition of the
merchandise covered by the blanket
[[Page 6776]]
permit by stating, in summary form, the unique alpha-numeric codes for,
and information required on the withdrawal documents, as well as the
identity of the warehouse entry to which the withdrawals are attributed
(Secs. 19.6(d)(4) and 10.62b(g)(7)). The warehouse proprietor is
required to certify on the blanket permit summary that the merchandise
listed therein was withdrawn in compliance with Secs. 10.62, 10.62b,
and 19.6(d) (Secs. 19.6(d)(4) and 10.62b(g)(8)). The blanket permit
summary is placed in the warehouse proprietor's permit file folder and
treated as provided in Sec. 19.12, regarding warehouse recordkeeping,
storage, and security requirements (Sec. 19.6(d)(4)).
By the 40th day after all of the fuel covered by the blanket permit
has been withdrawn, the person withdrawing aircraft turbine fuel is
required to submit to Customs either the records or the evidence
provided for in Sec. 10.62b(c) (Sec. 10.62b(d) and (g)(9)).
Discretionary authority is given to the port director to require
submission of a summary of these records or evidence, along with the
evidence required to establish use of fuel on qualifying aircraft, in
electronic form. Such submissions must be in a format compatible with
Customs systems (Sec. 10.62b(g)(9)).
The new Sec. 10.62b provides that the person withdrawing aircraft
turbine fuel from warehouse under the provision is subject to the
recordkeeping requirements in 19 U.S.C. 1508 and 19 U.S.C. 1509, as
provided for in part 162.
Conforming amendments are made to the general provisions for
withdrawal under 19 U.S.C. 1309 in Secs. 10.60 and 10.62. In the case
of the amendment to Sec. 10.60, the amendment concerns the general
requirement that supplies to be used at a port other than the port of
withdrawal from warehouse must be withdrawn on a withdrawal for
transportation in bond. The amendment makes it clear that this general
requirement is inapplicable in the case of withdrawals under the new
Sec. 10.62b. In the case of the amendment to Sec. 10.62, the amendment
alerts the public to the fact that there is an alternative provision
for aircraft turbine fuel withdrawn from warehouse, provided for in
Sec. 10.62b, to the general procedures and requirements for withdrawal
of bunker fuel under 19 U.S.C. 1309.
The interim regulation also promulgates by regulation, in the new
Sec. 10.62b, a position taken by Customs in interpretative rulings
regarding the commingling in a single hydrant fueling system of
aircraft turbine fuel from a Customs bonded warehouse with domestic or
other fuel when the fuel from the warehouse is intended for use under
19 U.S.C. 1309. Generally, under these rulings, dated October 20, 1989
(File: 221483), May 8, 1990 (File: 222258), and April 29, 1991 (File:
222914), Customs permitted such commingling if two basic conditions
were met. The first of these conditions was that the hydrant system
must be physically configured so that once the fuel from the warehouse
was introduced or commingled into the single hydrant system, it could
not be removed otherwise than by being pumped into aircraft. The second
of these conditions was that the commingled fuel must be accounted for
on the basis of a 24-hour accounting period (i.e., entry must be made
and duty paid for any quantity of the fuel from the warehouse which was
introduced into the hydrant system when a like quantity was not loaded
on aircraft qualifying for duty-free treatment under 19 U.S.C. 1309
within 24 hours of the introduction of the fuel from the warehouse into
the hydrant system). The rulings held that the requirement for
accounting on the basis of a 24-hour period meant that the fuel from
the warehouse introduced or commingled into the single hydrant system
must be loaded onto a qualifying aircraft in the same 24-hour period
(defined as a 24 hour period beginning at 12:01 a.m. and ending at
12:00 midnight). The legislative history for the amendment to 19 U.S.C.
1557(a), described above, recognized and confirmed the foregoing
Customs interpretations of the then applicable law and regulations.
As stated above, the position taken in these rulings is implemented
in the new Sec. 10.62b. Paragraph (a) of that section contains a
provision making the position taken in these rulings the general rule.
That is, paragraph (a) provides that, unless otherwise provided (the
provision for withdrawal from warehouse under the amended 19 U.S.C.
1557(a), provided for in the other paragraphs of Sec. 10.62b, does, of
course, otherwise provide), aircraft turbine fuel withdrawn from a
Customs bonded warehouse for use under 19 U.S.C. 1309 may be commingled
with domestic or other aircraft turbine fuel only upon approval by the
authorized Customs official. Customs approval for such commingling
would have to be obtained under the appropriate provisions in the
Customs Regulations (subpart D of part 144).
Under paragraph (a) of Sec. 10.62b, the authorized Customs official
may approve such commingling if the fueling system in which the
commingling occurs contains physical safeguards preventing the possible
unauthorized entry into the Customs territory of the fuel. The
commingled fuel must be accounted for in the same 24-hour period in
which it was commingled and must be exported or used under 19 U.S.C.
1309 within that 24-hour period or entered or withdrawn for
consumption, with duty deposited, as required under the appropriate
regulations (see part 144). As noted above, the specific provision for
the duty-free withdrawal of aircraft turbine fuel from a Customs bonded
warehouse if the fuel is used on an aircraft qualifying for duty-free
treatment under 19 U.S.C. 1309, provided for in the amendment to 19
U.S.C. 1557(a) and paragraphs (b) through (h) of Sec. 10.62b, is an
exception from the above-described general rule.
Delayed Effective Date and Public Comment Requirements
The agency intends that these interim regulations will become
effective on the 45th day following the date of publication, i.e., 15
days after the close of the comment period. The agency believes it has
good cause under 5 U.S.C. 553(b)(B) and 553(d) (1) and (3) of the
Administrative Procedure Act (APA) (5 U.S.C. 553) to promulgate interim
regulations because the regulations provide an immediate benefit to
both the Government and the public by reducing administrative costs and
paperwork pursuant to specific statutory authority. These interim
regulations are intended to implement Congressional intent embodied in
sections 553a and 557(a), Tariff Act of 1930, as amended (19 U.S.C.
1553a and 1557(a)), and specifically stated in the legislative history
to those provisions, as described above.
Furthermore, existing rights and obligations are not changed
otherwise than as authorized by the new statutory provisions. The
agency believes that the affected public wants these new statutory
provisions to become effective as soon as possible so that the public
can benefit from the efficiencies and savings resulting therefrom. In
addition, the agency does not believe the public needs time to conform
its conduct so as to avoid violation of these regulations (i.e.,
because the new provisions are permissive, not restrictive). The due
and timely execution of the agency's responsibilities would be
unnecessarily impeded by a time consuming notice and comment period.
The agency believes such delay is unnecessary because it does not
expect the public to object to the regulations being promulgated as
they merely provide the relief that Congress intended.
Even though, based on the discussion set forth above, Customs
believes the
[[Page 6777]]
amendments in this document may be promulgated on an interim basis and
could be effective immediately, Customs is providing a 45-day delayed
effective date, with a 30-day comment period preceding that effective
date. This represents a practical compromise between the need for
temporal urgency and the desirability for public participation in the
rulemaking process.
In the spirit of the APA, the agency is soliciting public comment
regarding both the substance of these interim regulations and Customs
decision to promulgate these regulations on an interim basis with the
effective date delayed for that period of time necessary to review any
relevant comments. Unless the comments show that there exists good
cause for not making the regulations effective on an interim basis, the
regulations will become effective on an interim basis on the 45th day
following the date of publication.
Comments
Consequently, the agency hereby solicits comments on both the
substance of these regulations and their intended effective date. The
comments should clearly state whether they address the substance of the
interim rule or the agency's determination to make the rule effective
on an interim basis. If, based on the comments, good cause is shown
that the regulations should not become effective on an interim basis, a
document will be issued withdrawing the interim regulations before
their effective date. If no such good cause is shown, the interim
regulations will go into effect. The agency will then be able to gain
experience with the interim regulation, fully consider substantive
comments, and decide whether the interim regulation needs amendment
before its promulgation as a final rule. All substantive comments
received timely will be considered and will be addressed in the final
rule document.
Consideration will be given to any written comments (preferably in
triplicate) that are timely submitted to Customs. All such comments
received from the public pursuant to this notice of rulemaking will be
available for public inspection in accordance with the Freedom of
Information Act (5 U.S.C. 552), Sec. 1.4, Treasury Department
Regulations (31 CFR 1.4), and Sec. 103.11(b), Customs Regulations (19
CFR 103.11(b)), during regular business days between the hours of 9:00
a.m. and 4:30 p.m. at the Regulations Branch, 1099 14th Street, NW.,
Suite 4000, Washington, D.C.
Regulatory Flexibility Act and Executive Order 12866
Since this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This document is not a ``significant regulatory action'' under E.O.
12866.
Paperwork Reduction Act
This regulation is being issued without prior notice and public
procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553).
For this reason, the collection of information contained in this
regulation has been reviewed and, pending receipt and evaluation of the
public comments, approved by the Office of Management and Budget (OMB)
in accordance with the requirements of the Paperwork Reduction Act (44
U.S.C. 2507) under control number 1515-0209.
The collection of information in this regulation is in Sec. 10.62b.
This information is required by Customs to ensure compliance with the
statute authorizing the described procedure. This information will be
used to verify that turbine fuel withdrawn from a Customs bonded
warehouse under 19 U.S.C. 1557(a) is used on aircraft qualifying for
duty-free withdrawal of fuel supplies, as required under the law. The
likely recordkeepers are businesses.
Estimated total annual reporting and/or recordkeeping burden: 240
hours.
Estimated average annual burden hours per recordkeeper: 12 hours.
Estimated number of respondents and/or recordkeepers: 20.
Estimated annual frequency of responses: 12.
Comments concerning the collection of information and the accuracy
of the estimated average annual burden, and suggestions for reducing
this burden should be directed to the Office of Management and Budget
(OMB), Attention: Desk Officer for the Department of the Treasury,
Office of Information and Regulatory Affairs, Washington, D.C. 20503. A
copy should also be sent to the Regulations Branch, Office of
Regulations and Rulings, U.S. Customs Service, 1301 Constitution
Avenue, N.W., Washington, D.C. 20229.
Drafting Information
The principal author of this document was Paul G. Hegland, Entry
Rulings Branch, U.S. Customs Service. However, personnel from other
offices participated in its development.
List of Subjects
19 CFR Part 10
Customs duties and inspection, Exports, Imports, Reporting and
recordkeeping requirements, Shipments.
19 CFR Part 18
Bonded transportation, Common carriers, Customs duties and
inspection, Exports, Imports.
19 CFR Part 113
Common carriers, Customs duties and inspection, Exports, Freight,
Laboratories, Reporting and recordkeeping requirements, Surety bonds.
Amendments
Title 19, Chapter I, parts 10, 18 and 113 of the Customs
Regulations (19 CFR parts 10, 18 and 113) are amended as set forth
below:
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
1. The general authority for part 10 continues to read as follows,
and specific authority, for new Sec. 10.62b, is added as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,
1498, 1508, 1623, 1624;
* * * * *
Sec. 10.62b also issued under 19 U.S.C. 1557;
* * * * *
2. Section 10.60 is amended by revising the first sentence of
paragraph (d) to read as follows:
Sec. 10.60 Forms of withdrawals; bond.
* * * * *
(d) Except as otherwise provided in Sec. 10.62b, relating to
withdrawals from warehouse of aircraft turbine fuel to be used within
30 days of such withdrawal as supplies on aircraft under Sec. 309,
Tariff Act of 1930, as amended, when the supplies are to be laden at a
port other than the port of withdrawal from warehouse, they shall be
withdrawn for transportation in bond to the port of lading. * * *
* * * * *
3. Section 10.62 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 10.62 Bunker fuel oil.
(a) Withdrawal under section 309, Tariff Act of 1930, as amended
(19 U.S.C. 1309). Except as otherwise provided in Sec. 10.62b, relating
to withdrawals from warehouse of aircraft
[[Page 6778]]
turbine fuel to be used within 30 days of such withdrawal as supplies
on aircraft under section 309, Tariff Act of 1930, as amended (19
U.S.C. 1309), when all the bunker fuel oil in a Customs bonded tank is
intended only for lading duty free as supplies on vessels under section
309 at the port where the tank is located, delivery of the oil, by
Customs bonded carrier, cartman, or lighterman (including bonded
pipelines), under withdrawals on Customs Form 7506, either single or
blanket, may be made without the presence of a Customs officer. * * *
* * * * *
4. Section 10.62b is added to read as follows:
Sec. 10.62b Aircraft turbine fuel.
(a) General. Unless otherwise provided, aircraft turbine fuel
withdrawn from a Customs bonded warehouse for use under section 309,
Tariff Act of 1930, as amended (19 U.S.C. 1309), may be commingled with
domestic or other aircraft turbine fuel after such withdrawal only if
such commingling is approved by the appropriate Customs official for
the port where the commingling occurs. The appropriate Customs official
may approve such commingling if the fueling system in which the
commingling will occur contains adequate physical safeguards to prevent
the possible unauthorized entry into the Customs territory of the
bonded fuel. Such commingled fuel must be accounted for in the same 24-
hour period in which it was commingled and must be--
(1) Exported within that 24-hour period;
(2) Used under section 309 within that 24-hour period; or
(3) Entered or withdrawn for consumption, with duty deposited, as
required under the applicable regulations (see part 144 of this
chapter).
(b) Duty-free withdrawal from warehouse of aircraft turbine fuel
under section 557(a), Tariff Act of 1930, as amended (19 U.S.C.
1557(a)). Turbine fuel intended for use as supplies on aircraft under
section 309, Tariff Act of 1930, as amended, and withdrawn from a
Customs bonded warehouse shall be entitled to the privileges provided
for in section 309 if an amount equal to or exceeding the quantity of
such fuel is established, as provided for in paragraph (c) of this
section, to have been used on aircraft qualifying for the privileges
provided for in section 309 within 30 days after the withdrawal of the
fuel from the Customs bonded warehouse. Withdrawal of aircraft turbine
fuel under this paragraph shall be in accordance with the procedures in
Secs. 10.59 through 10.64, unless otherwise provided in this section.
Withdrawals under this paragraph shall be annotated with the term
``Withdrawal under 19 CFR 10.62b(b)''.
(c) Establishment of use of fuel by qualifying aircraft.
(1) The person withdrawing aircraft turbine fuel under paragraph
(b) of this section shall establish that an aircraft qualifying for the
privileges provided for in section 309, Tariff Act of 1930, as amended,
used fuel in an amount equal to or exceeding the quantity of the fuel
withdrawn which is not entered and upon which duties are not paid by
submitting to Customs, within the time provided in paragraph (d) of
this section, either--
(i) Records prepared in the normal course of business effecting the
transfer to identified (e.g., by aircraft company name, flight number,
flight origin and destination, and date of flight) aircraft of fuel in
an amount equal to or exceeding the quantity of the fuel withdrawn
which is not entered and on which duties are not paid and objective
evidence that the aircraft to which the fuel was transferred were
actually used in trade qualifying for the privileges provided in
section 309, Tariff Act of 1930, as amended; or
(ii) A certification (documentary or electronic) that:
(A) All of the fuel withdrawn was intended for use on aircraft
entitled to the privileges provided for in section 309;
(B) Within 30 days of the date of withdrawal from warehouse, an
amount of fuel equal to or exceeding the quantity of the fuel withdrawn
which is not entered and on which duties are not paid was transferred
as supplies to aircraft entitled to the privileges provided for in
section 309;
(C) All of the aircraft, to which the fuel which is not entered and
on which duties are not paid was transferred as supplies, were used in
a trade provided for in section 309; and
(D) The person making the certification possesses evidence
(documentary or electronic) available for Customs inspection at a named
place which supports each of the above statements.
(2) Upon request by Customs, the person who submits the
certification provided for in paragraph (c)(1) of this section shall
promptly provide the evidence required to support the claim for
treatment under this section (including the records described in
Sec. 10.62b(c)(1)(i)) and Secs. 10.62 and 19.6(d) and each of the
statements in the certification.
(d) Time for establishment of use of fuel by qualifying aircraft.
The person withdrawing aircraft turbine fuel under paragraph (b) of
this section shall submit the records or certification provided for in
paragraph (c) of this section by the 40th day after the date of
withdrawal of the fuel unless the fuel was withdrawn under a blanket
withdrawal under paragraph (g) of this section. If the fuel was
withdrawn under a blanket withdrawal, the person withdrawing aircraft
turbine fuel under this section shall submit the records or
certification provided for in paragraph (c) of this section by the 40th
day after all of the fuel covered by the blanket permit to withdraw has
been withdrawn.
(e) Treatment of turbine fuel withdrawn but not used on qualifying
aircraft within 30 days. If turbine fuel is withdrawn from a Customs
bonded warehouse under paragraph (b) of this section but fuel in an
amount less than the quantity withdrawn is established to have been
used within 30 days of the date of withdrawal from warehouse on
aircraft qualifying for the privileges provided for in section 309,
Tariff Act of 1930, as amended, a withdrawal for consumption shall be
filed and duties shall be deposited for the excess of fuel so withdrawn
over that used on aircraft so qualifying. Such withdrawal shall be
filed and such duties shall be deposited by the 40th day after the date
of withdrawal of the fuel in accordance with the procedures in
Sec. 144.38 of this chapter. Interest shall be payable and deposited
with such duties, calculated from the date of withdrawal at the rate of
interest established under 26 U.S.C. 6621.
(f) Liquidated damages. Failure to account for turbine fuel
withdrawn under paragraphs (b) through (h) of this section shall result
in liquidated damages against the person withdrawing the turbine fuel,
as provided for under Sec. 113.62 of this chapter. Such failure to
account for turbine fuel includes:
(1) The failure to timely file the withdrawal for consumption and
payment of duty, with interest, on the quantity of fuel so withdrawn in
excess of the quantity of fuel established to have been used on
qualifying aircraft within 30 days of withdrawal, as provided for in
paragraph (e) of this section;
(2) The failure to timely file the evidence or certification
establishing such use of the fuel which is not entered and on which
duties are not paid, as provided for in paragraph (c) of this section;
or
[[Page 6779]]
(3) The failure to promptly provide the evidence required to
support the claim for treatment under paragraph (b) of this section,
upon request by Customs, as provided for in paragraph (c)(2) of this
section.
(g) Blanket withdrawals. Blanket withdrawals, as provided for in
Secs. 10.62 and 19.6(d), may be used for withdrawals from warehouse
under section 557(a), Tariff Act of 1930, as amended, and paragraphs
(b) through (h) of this section, under the procedures provided in
Secs. 10.62 and 19.6(d) except that--
(1) Application by the withdrawer for a blanket permit to withdraw
shall be on the warehouse entry, or on the warehouse entry/entry
summary when used as an entry, annotated with the words ``Some or all
of the merchandise will be withdrawn under blanket permit per
Secs. 10.62, 10.62b, and 19.6(d).'';
(2) Turbine fuel withdrawn under a blanket permit as authorized in
this paragraph may be delivered at a port other than the port of
withdrawal;
(3) Customs acceptance of a properly completed application for a
blanket permit to withdraw, on the warehouse entry or warehouse entry/
entry summary, will constitute approval of the blanket permit to
withdraw;
(4) A copy of the approved blanket permit to withdraw will be
delivered to the warehouse proprietor, whereupon fuel may be withdrawn
under the terms of the blanket permit;
(5) The withdrawal document to be placed in the proprietor's permit
file folder (see Sec. 19.6(d)(2)) will be a commercially acceptable
document of receipt (such as a ``withdrawal ticket'') issued by the
warehouse proprietor, identified with a unique alpha-numeric code and
containing the following information:
(i) Identity of withdrawer;
(ii) Identity of warehouse and tank from which fuel is withdrawn;
(iii) Date of withdrawal;
(iv) Type of merchandise withdrawn; and
(v) Quantity of merchandise withdrawn.
(6) The date of withdrawal, for purposes of calculating the 30-day
period in which fuel must be used on qualifying aircraft under this
section, shall be the date on which physical removal of the fuel from
the warehouse commences;
(7) The blanket permit summary prepared by the proprietor as
provided for in Sec. 19.6(d)(4) shall be prepared when all of the fuel
covered by the blanket permit has been withdrawn and shall account for
all merchandise withdrawn under the blanket permit, as required by
Sec. 19.6(d)(4), by stating, in summary form, the unique alpha-numeric
codes and information required in paragraph (g)(5) of this section, as
well as the identity of the warehouse entry to which the withdrawal is
attributed;
(8) The certification on the blanket permit summary (see
Sec. 19.6(d)(4)) shall be that the merchandise listed thereunder was
withdrawn in compliance with Secs. 10.62, 10.62b, and 19.6(d); and
(9) The person withdrawing aircraft turbine fuel under these
blanket procedures shall submit the records or certification provided
for in Sec. 10.62b(c) by the 40th day after all of the fuel covered by
the blanket permit has been withdrawn (see Sec. 10.62b(d)). At the
discretion of the port director for the port where blanket withdrawal
was approved, submission of the records and evidence required to
establish use of the fuel on qualifying aircraft may be required to be
submitted electronically, in a format compatible with Customs
electronic record-keeping systems.
(h) Recordkeeping. The person withdrawing aircraft turbine fuel
from warehouse under this section is subject to the recordkeeping
requirements in 19 U.S.C. 1508 and 1509, as provided for in part 162 of
this chapter.
PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT
1. The general authority for part 18 is revised to read, and
specific authority for new Sec. 18.31 is added, as follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20,
HTSUS), 1551, 1552, 1553, 1624;
* * * * *
Sec. 18.31 also issued under 19 U.S.C. 1553a.
2. Section 18.1 is amended by revising the second sentence of
paragraph (a)(1) to read as follows:
Sec. 18.1 Carriers, application to bond.
(a)(1) * * * For the purposes of this section, the term ``common
carrier'' means a common carrier of merchandise owning or operating a
railroad, steamship, pipeline, or other transportation line or route. *
* *
* * * * *
3. Part 18 is amended by adding a center heading and new
Sec. 18.31, following Sec. 18.27, to read as follows:
Merchandise Transported by Pipeline
Sec. 18.31 Pipeline transportation of bonded merchandise.
(a) General. Merchandise may be transported by pipeline under the
procedures in this part, as appropriate and unless otherwise
specifically provided for in this section.
(b) Bill of lading to account for merchandise. Unless Customs has
reasonable cause to suspect fraud, Customs shall accept a bill of
lading or equivalent document of receipt issued by the pipeline
operator to the shipper and accepted by the consignee to account for
the quantity of merchandise transported by pipeline and to maintain the
identity of the merchandise.
(c) Procedures when pipeline is only carrier. When a pipeline is
the only carrier of bonded merchandise and there is no transfer to
another carrier, the bill of lading or equivalent document of receipt
issued by the pipeline operator to the shipper shall be included with,
and made a part of, the Customs in-bond document (see Sec. 18.2(b)). If
there are no discrepancies between the bill of lading or equivalent
document of receipt and the other documents making up the in-bond
manifest for the merchandise, and provided that Customs has no
reasonable cause to suspect fraud, the bill of lading or equivalent
document of receipt shall be accepted by Customs at the port of
destination or exportation (see Secs. 18.2(d) and 18.7) as establishing
the quantity and identity of the merchandise transported. The pipeline
operator shall be responsible for any discrepancies, including
shortages, irregular deliveries, or nondeliveries at the port of
destination or exportation (see Sec. 18.8).
(d) Procedures when there is more than one carrier (i.e., transfer
of the merchandise).
(1) Pipeline as initial carrier. When a pipeline is the initial
carrier of bonded merchandise and the merchandise is transferred to
another conveyance (either a different mode of transportation or a
pipeline operated by another operator), the procedures in Sec. 18.3 and
paragraph (c) of this section shall be followed, except that--
(i) When the merchandise is to be transferred to one conveyance, a
copy of the bill of lading or equivalent document issued by the
pipeline operator to the shipper shall be delivered to the person in
charge of the conveyance for delivery, along with the in-bond document,
to the appropriate Customs official at the port of destination or
exportation; or
(ii) When the merchandise is to be transferred to more than one
conveyance, a copy of the bill of lading or equivalent document issued
by the pipeline operator to the shipper shall be delivered to the
person in charge of each additional conveyance, along with the two
additional copies of the in-bond
[[Page 6780]]
document, for delivery to the appropriate Customs official at the port
of destination or exportation.
(2) Transfer to pipeline from initial carrier other than a
pipeline. When bonded merchandise initially transported by a carrier
other than a pipeline is transferred to a pipeline, the procedures in
Sec. 18.3 and paragraph (c) of this section shall be followed, except
that the bill of lading or other equivalent document of receipt issued
by the pipeline operator to the shipper shall be delivered, along with
the in-bond document, to the appropriate Customs officer at the port of
destination or exportation.
(3) Initial carrier liable for discrepancies. In the case of either
paragraph (d)(1) or (d)(2) of this section, the initial carrier shall
be responsible for any discrepancies, including shortages, irregular
deliveries, or nondeliveries, at the port of destination or exportation
(see Sec. 18.8).
(e) Recordkeeping. The shipper, pipeline operator, and consignee
are subject to the recordkeeping requirements in 19 U.S.C. 1508 and
1509, as provided for in part 162 of this chapter.
PART 113--CUSTOMS BONDS
1. The general authority for part 113 continues to read as follows:
Authority: 19 U.S.C. 66, 1623, 1624.
2. Section 113.62 is amended by revising the paragraph (b)
introductory text to read as follows:
Sec. 113.62 Basic importation and entry bond conditions.
* * * * *
(b) Agreement to Make or Complete Entry. If all or part of imported
merchandise is released before entry under the provisions of the
special delivery permit procedures under 19 U.S.C. 1448(b), released
before completion of the entry under 19 U.S.C. 1484(a), or withdrawn
from warehouse under 19 U.S.C. 1557(a) (see Sec. 10.62b of this
chapter), the principal agrees to file within the time and in the
manner prescribed by law and regulation, documentation to enable
Customs to: * * *
* * * * *
Michael H. Lane,
Acting Commissioner of Customs.
Approved: October 4, 1995.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-3905 Filed 2-21-96; 8:45 am]
BILLING CODE 4820-02-P
Complete official Federal Register PDF
FR Doc. 96-3863 Amendment to Class E Airspace; Worcester, MA
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6771-6772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3863]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ANE-61]
Amendment to Class E Airspace; Worcester, MA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes Class E airspace at Worcester, MA
(ORH). With the commissioning of the Automated Surface Observation
System (ASOS) at the Worcester Municipal Airport, weather reporting is
now continuously available at that airport. This action is necessary to
establish controlled airspace extending upward from the surface for
aircraft operating under instrument flight rules (IFR) to and from the
Worcester Municipal Airport during the times when the air traffic
control tower is closed.
EFFECTIVE DATE: 0901 UTC, April 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Raymond Duda, System Management Branch, ANE-533, 12 New England
Executive Park, Burlington, MA 01803-5299; telephone (617) 238-7533;
fax (617) 238-7596.
SUPPLEMENTARY INFORMATION:
History
On December 20, 1995, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) to establish a Class E
surface
[[Page 6772]]
area at the Worcester Municipal Airport, Worcester, MA (ORH). Since the
air traffic control tower (ATCT) at Worcester does not operate
continuously, aircraft operating under instrument flight rules (IFR) to
and from Worcester did not have the benefit of weather reports from the
airport during the times when the tower is closed. That lack of
continuous weather reporting required that the controlled airspace for
Worcester could not extend to the surface. Recently, however, an
Automated Surface Observation System (ASOS) was commissioned at
Worcester, making weather reporting now available continuously. As
result, this action is necessary to establish controlled airspace
extending from the surface for those aircraft operating to and from
Worcester under IFR during the times when the ATCT is closed.
Interested parties were invited to participate in this rulemaking
by submitting written comments on the proposal to the FAA. One comment
was received from the National Oceanic and Atmospheric Administration's
Charting Division which noted a typographic error in the description of
the airspace as published. The FAA has corrected that error. Class E
airspace designations for airspace areas extending upward from the
surface of the earth in the vicinity of airports are published in
paragraph 6002 of FAA Order 7400.9C, dated August 17, 1995, and
effective September 16, 1995, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document
would be published subsequently in this Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) establishes Class E airspace at ORH. The FAA has
determined that this regulation only involves an established body of
technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Therefore this regulation
(1) Is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a Regulatory Evaluation as the anticipated
impact will be so minimal. Since this routine matter will only affect
air traffic procedures and air navigation, it is certified that this
rule will not have significant economic impact on a substantial number
of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Subpart E--Class E Airspace
* * * * *
Paragraph 6002 Class E surface areas extending upward from the
surface of the earth.
* * * * *
ANE MA E2 Worcester, MA [New]
Worcester Municipal Airport, MA
(Lat. 42 deg.16'02''N, long. 71 deg.52'32''W)
That airspace extending upward from the surface within a 4.2-
mile radius of Worcester Municipal Airport. This Class E airspace
area is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective dates and times will
thereafter be continuously published in the Airport/Facility
Directory.
* * * * *
Issued in Burlington, MA, on February 13, 1996.
Eileen Seaman,
Acting Manager, Air Traffic Division, New England Region.
[FR Doc. 96-3863 Filed 2-21-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-3780 Veterans Education: Implementation of the Veterans' Benefits Act of 1992, the National Defense Authorization Act for Fiscal Year 1993, and the National Defense Authorization Act for Fiscal Year 1994
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6780-6791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3780]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AG22
Veterans Education: Implementation of the Veterans' Benefits Act
of 1992, the National Defense Authorization Act for Fiscal Year 1993,
and the National Defense Authorization Act for Fiscal Year 1994
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the educational assistance and
educational benefits regulations of the Department of Veterans Affairs
(VA). It makes changes concerning eligibility requirements for
educational assistance and benefits, rates of payment for educational
assistance, measurement of training time, approval of various types of
courses, and educational death benefits. These changes restate
statutory requirements and set forth VA's statutory interpretations.
DATES: This final rule is effective February 22, 1996. However, the
restatements of statute and VA's statutory interpretations contained in
this final rule will be applied retroactively from the effective dates
of the statutory provisions. For more information concerning the
application of statutes and statutory interpretations, see the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
June C. Schaeffer, Assistant Director for Policy and Program
Administration, Education Service, Veterans Benefits Administration,
202-273-7187.
SUPPLEMENTARY INFORMATION: Regulations concerning VA-administered
educational assistance and educational benefits are contained in 38 CFR
Part 21. The Veterans' Benefits Act of 1992 (Pub. L. 102-568) amends
educational assistance provisions under the Montgomery GI Bill--Active
Duty and amends other provisions that affect work-study under the
Survivors' and Dependents' Educational Assistance program. The National
Defense Authorization Act for Fiscal Year 1993 (Pub. L. 102-484) and
the National Defense Authorization Act for Fiscal Year 1994 (Pub. L.
103-160) also amend provisions concerning educational assistance under
the Montgomery GI Bill--Active Duty. This document contains a number of
changes to the regulations which merely reflect certain changes made by
these public laws. These changes to the regulations are as follows.
Under Pub. L. 102-568, the limit on the amount of money that VA can
pay in advance on a work-study contract has been changed. Formerly,
that limit was 40 percent of the total amount payable under the
contract. Now the limit is the lesser of 40 percent of the total amount
payable under the contract or 50 times the applicable minimum hourly
wage in effect on the date the contract is signed. Changes are made to
38 CFR 21.3145 and 21.7145 to reflect these statutory provisions.
Pub. L. 102-484 includes the Service Members Occupational
Conversion and Training Act (SMOCTA) (sec. 4481 through 4497, Pub. L.
102-484), which forbids receipt of educational assistance under any of
the education programs administered by VA when the veteran,
servicemember, or other eligible person is participating in a job
training program under SMOCTA. Revisions are made to 38 CFR 21.4131,
21.4135, 21.7131, and 21.7135 to reflect these statutory provisions.
Pub. L. 102-568 provides for later ending dates when the veteran
dies during the period covered by an advance payment of educational
assistance. Prior to the effective date of Pub. L. 102-568, educational
assistance was terminated effective the date the veteran died. However,
Pub. L. 102-568 provides that in the event of a death, the effective
date of the termination will be the last date covered by the advance
payment. Revisions are made to 38 CFR 21.4135 and 21.7135 to reflect
these statutory provisions.
Pub. L. 102-568 prohibits State approving agencies from approving
for VA educational assistance a course of education that includes
nonaccredited independent study. It also prohibits VA from approving an
enrollment in an independent study course unless the course is
accredited and leads to a standard college degree. Revisions are made
to 38 CFR 21.4252, 21.7120, 21.7122, 21.7220 and 21.7222 to reflect
these statutory changes. However, under Pub. L. 102-568 these
prohibitions do not apply to any person receiving educational
assistance for pursuit of an independent study program in which the
person was enrolled on the date of enactment of Pub. L. 102-568
(October 29, 1992) who remains ``continuously * * * enrolled'' and
otherwise meets the requirements for eligibility for such assistance in
effect on October 29, 1992. Revisions are made to Secs. 21.4252 and
21.7120 to restate these statutory provisions. Also, the following
definition of ``continuously enrolled'' is added to 38 CFR 21.7020 to
interpret what constitutes ``continuously enrolled'':
[[Page 6781]]
The term continuously enrolled means being in an enrolled status
at an educational institution for each day during the school year,
and for consecutive school years. Continuity of enrollment is not
broken by holiday vacations; vacation periods; periods during the
school year between terms, quarters, or semesters; or by
nonenrollment during periods of enrollment outside the school year
(e.g., summer sessions).
The Congress did not indicate that a special meaning other than the
common meaning was intended for ``continuously enrolled.'' Therefore,
we have concluded that the Congress intended that we interpret
``continuously enrolled'' consistent with its common meaning and we
have formulated the definition of ``continuously enrolled'' in
accordance with our understanding of the Congressional intent.
Pub. L. 102-568 repealed the special provisions for determining
students' training time while enrolled in independent study, thereby
making the determination of this training time the same as that for
resident training. Consequently, the monthly rates for educational
assistance for independent study and for resident study are based on
the same formula. This eliminates the basis for the provisions in 38
CFR 21.4280 governing independent study course measurement. To reflect
these statutory changes, rules dealing with the approval of independent
study courses are set forth at 38 CFR 21.4267, and 38 CFR 21.4280 is
removed.
Pub. L. 102-568 provides that nonaccredited courses not leading to
a standard college degree will be measured for purposes of determining
training time the same as for accredited courses that are neither
leading to a standard college degree nor offered by an institution of
higher learning. Pub. L. 102-568 also provides that when an institution
of higher learning offers a course that does not lead to a standard
college degree, the students' training time will be determined in the
same manner as for students enrolled in undergraduate courses leading
to a college degree. 38 CFR 21.4271 is removed and revisions are made
to 38 CFR 21.4233, 21.4270, and 21.4272 to reflect these statutory
provisions.
Prior to the effective date of Pub. L. 102-568, nurse's aide
courses could not be approved for VA training, and consequently VA
educational assistance could not be awarded for such training. Pub. L.
102-568 provides criteria for approving some nurse's aide courses.
Changes are made to 38 CFR 21.4265 to reflect this statutory change.
Pub. L. 102-568 changes the criteria for establishing eligibility
for educational assistance under the Montgomery GI Bill--Active Duty,
including detailed changes concerning continuous active duty, service
in the selected reserve, character of service for retirees, and
voluntarily discharged veterans. Accordingly, changes are made to 38
CFR 21.7020, 21.7032, 21.7042, 21.7044, 21.7045, and 21.7050 to reflect
these statutory changes.
Prior to the effective date of Pub. L. 102-568, a death benefit was
payable to survivors of participants in the Montgomery GI Bill--Active
Duty only if the participant died while on active duty. Pub. L. 102-568
now also permits payment of the death benefit if the participant dies
within a year of discharge from active duty. Accordingly, revisions are
made to 38 CFR 21.7280 to reflect this statutory change.
Pub. L. 102-568 also made changes to 38 U.S.C. 3015 concerning the
monthly rates of educational assistance which VA is to pay to veterans
and servicemembers pursuing a full-time program of education under the
Montgomery GI Bill--Active Duty. The final rule changes these rates in
38 CFR 21.7136 and 21.7137 to reflect these statutory changes. These
changes to Secs. 21.7136 and 21.7137 also have the effect of changing
the rates for part-time training, cooperative training, and
apprenticeship and other on-job training. 38 U.S.C. 3032 provides
formulas to determine the monthly rates for those students pursuing
cooperative training and those in apprenticeships and other on-job
training. 38 U.S.C. 3015(a) and (b) further state that the monthly
rates of educational assistance to be paid to part-time students
receiving benefits under the Montgomery GI Bill--Active Duty is to be
determined by regulations prescribed by the Secretary of Veterans
Affairs. The formula for part-time rates was established based on
proposed and final rule making (see 52 FR 25736, July 8, 1987; 53 FR
1756, Jan. 22, 1988). Under this formula, monthly rates for three-
quarter-time and one-half-time students have been set at three-quarters
and one-half of the statutory full-time rate respectively. The monthly
rates payable for less than one-half-time students are the pro-rated
amount of their tuition and fees (not to exceed one-half the statutory
full-time rate for those training less than one-half time and more than
one-quarter time, and not to exceed one-quarter of the full-time rate
for those training one-quarter time).
In addition, this final rule contains an interpretative rule with
respect to how the statutory requirements for accreditation of an
independent study course applies when there is a loss of accreditation.
If an independent study course loses its accreditation (or the
educational institution offering the course loses its accreditation),
it is our view that VA is required under the statutes controlling the
Montgomery GI Bill--Active Duty and Survivors' and Dependents'
Educational Assistance programs, as amended by Pub. L. 102-568, to
discontinue payments for such a course effective the date of the loss
of accreditation. The regulations are amended by adding 38 CFR
21.4135(x) and 21.7135(z) to accomplish this purpose.
This final rule also makes nonsubstantive changes for clarity or to
reflect statutory recodification changes.
The restatements of statute and statutory interpretations contained
in this final rule will be applied retroactively from the effective
dates of the statutory provisions. The dates of application for such
changes made by this document (and for certain of the nonsubstantive
changes made for clarity or to reflect statutory recodification
changes) are as follows:
October 19, 1984: 38 CFR 21.7020(b)(5), 21.7020(b)(6)(i), and
21.7020(b)(6)(ii).
June 30, 1985 (to apply to training received after August 31,
1993): Sec. 21.7136(a)(2)(ii)(C).
June 30, 1985 (to apply to training received after September 30,
1993): Secs. 21.7020(b)(6)(iii), 21.7020(b)(6)(iv), and 21.7072(b).
October 28, 1986: Secs. 21.7044(a), 21.7044(b)(12), and 21.7050(b).
December 1, 1988: Sec. 21.7042(c).
October 23, 1992: Secs. 21.4131(i), 21.4135(aa), 21.7032(a),
21.7032(f), 21.7042(b), 21.7042(f), 21.7045 (except (a)(1)(i)),
21.7131(j), 21.7135(aa), 21.7136 introductory text, 21.7136(a)(1) (as
redesignated), 21.7136(a)(2)(ii)(B) (as redesignated), and 21.7136(f)
(as redesignated); and the redesignations of paragraphs (a), (b),
(b)(1), (b)(2), (b)(3), (c), (d), and (e) of Sec. 21.7136.
October 29, 1992: Secs. 21.3145, 21.4135(a), 21.4135(x),
21.4234(a), 21.4252(g), 21.4253(a), 21.4254(d), 21.4265(b), 21.4267,
21.7020(b)(42), 21.7042(a), 21.7120(d), 21.7122(e), 21.7135(a),
21.7135(z) (as added), 21.7145, 21.7152, 21.7220, 21.7222, and 21.7280;
the redesignation of Sec. 21.7135(z); and the removal of Sec. 21.4280.
April 1, 1993: Secs. 21.7136(b) (as redesignated), 21.7136(c) (as
redesignated), and 21.7137.
July 1, 1993 (to apply to enrollments for terms, semesters, or
quarters that begin after June 30, 1993): Secs. 21.4233(b), 21.4270(a),
21.4270(b), 21.4270(c)
[[Page 6782]]
footnote 1, 21.4272 introductory text, 21.4272(g), 21.7170, 21.7172(a)
and 21.7172(d); and the removal of Secs. 21.4271, 21.4272(e),
21.4272(f), 21.4272(h), and 21.4272(i).
November 30, 1993: Secs. 21.7044(b)(8) and 21.7045(a)(1)(i).
The Secretary of Veterans Affairs hereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. This final rule merely restates
statutory changes, sets forth statutory interpretations, and makes
nonsubstantive changes. Pursuant to 5 U.S.C. 605(b), this final rule,
therefore, is exempt from the initial and final regulatory flexibility
analyses requirements of Secs. 603 and 604.
This final rule has been reviewed by the Office of Management and
Budget pursuant to the provisions of Executive Order 12866.
The Catalog of Federal Domestic Assistance numbers for the
programs affected by this final rule are 64.117 and 64.120.
List of Subjects in 38 CFR Part 21
Civil rights, Claims, Education, Grant programs-education, Loan
programs-education, Reporting and recordkeeping requirements, Schools,
Veterans, Vocational education, Vocational rehabilitation.
Approved: July 17, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 21, subparts
C, D, and K are amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance Under
38 U.S.C. Chapter 35
1. The authority citation for part 21, subpart C is revised to read
as follows:
Authority: 38 U.S.C. 501(a); 38 U.S.C. 3500-3566, unless
otherwise noted.
2. In Sec. 21.3145, paragraph (e) is revised to read as follows:
Sec. 21.3145 Work-study allowance.
* * * * *
(e) Payment in advance. VA will pay in advance an amount equal to
the lesser of the following:
(1) 40 percent of the total amount payable under the contract, or
(2) An amount equal to 50 times the applicable minimum hourly wage
in effect on the date the contract is signed.
(Authority: 38 U.S.C. 3485, 3537)
* * * * *
Subpart D--Administration of Educational Benefits; 38 U.S.C.
Chapters 34, 35, and 36
3. The authority citation for part 21, subpart D is revised to read
as follows:
Authority: 38 U.S.C. 501(a); 38 U.S.C. ch. 34, 35, 36, unless
otherwise noted.
4. In Sec. 21.4131, paragraph (i) is added, to read as follows:
Sec. 21.4131 Commencing dates.
* * * * *
(i) Service Members Occupational Conversion and Training Act of
1992. If the veteran's or eligible person's educational assistance has
been discontinued because the veteran or eligible person is training
under a job training program for which benefits are payable to his or
her employer under the Service Members Occupational Conversion and
Training Act, VA will determine the date upon which educational
assistance may be resumed as follows.
(1) When the veteran or eligible person is pursuing a program of
education on the last date for which benefits are payable under that
Act, payments will be resumed on the day following that date.
(2) When the veteran or eligible person is not pursuing a program
of education on the last date for which benefits are payable under that
Act, payments will be resumed on the earliest date otherwise provided
by this section, but not before the day following the last date for
which benefits are payable under that Act.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
* * * * *
5. In Sec. 21.4135, paragraph (a) is revised; an authority citation
to paragraph (a) is added; and paragraphs (x) and (aa) and their
authority citations are added, to read as follows:
Sec. 21.4135 Discontinuance dates. * * *
(a) Death of veteran or eligible person. (1) If the veteran or
eligible person receives an advance payment pursuant to 38 U.S.C.
3680(d) and dies before the period covered by the advance payment ends,
the discontinuance date of educational assistance shall be the last
date of the period covered by the advance payment.
(2) In all other cases if the veteran or eligible person dies while
pursuing a program of education, the discontinuance date of educational
assistance shall be the last date of attendance.
(Authority: 38 U.S.C. 3680)
* * * * *
(x) Independent study course loses accreditation. Except as
otherwise provided in Sec. 21.4252(g), if the veteran or eligible
person is enrolled in a course offered in whole or in part by
independent study, and the course loses its accreditation (or the
educational institution offering the course loses its accreditation),
the date of reduction or discontinuance will be the effective date of
the withdrawal of accreditation by the accrediting agency.
(Authority: 38 U.S.C. 3672, 3676, 3680A(a))
* * * * *
(aa) Service Members Occupational Conversion and Training Act of
1992. If an individual enters a training program for the purpose of
obtaining assistance under the Service Members Occupational Conversion
and Training Act of 1992, the effective date of discontinuance of
educational assistance shall be the date on which the individual
entered the job training program.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
6. In Sec. 21.4233, paragraphs (b)(4), (b)(1), (b)(2) and (b)(3)
are redesignated as paragraphs (b)(1), (b)(2), (b)(3) and (b)(4),
respectively; paragraph (b)(5) is amended by removing
``Sec. 21.4270(a), footnote 6'' and adding, in its place,
``Sec. 21.4270(b)''; and newly redesignated paragraphs (b)(1) and
(b)(2) are revised, to read as follows:
Sec. 21.4233 Combination. * * *
(b) Concurrent enrollment. * * *
(1) If VA measures the courses pursued at both institutions on
either a clock-hour basis or a credit-hour basis, VA will measure the
veteran's or eligible person's enrollment by adding together the units
of measurement in the second school to the units of measurement for the
courses in the primary institution. The standard for full time will be
the full-time standard for the courses at the primary institution.
(2) Where the standards for measurement of the courses pursued
concurrently in the two schools are different, VA will measure the
veteran's or eligible person's enrollment by converting the units of
measurement for courses in the second school to the equivalent in value
expressed in units of measurement required for the courses in the
program of education which the veteran or eligible person is pursuing
at the primary institution.
(Authority: 38 U.S.C. 3688)
* * * * *
[[Page 6783]]
7. In Sec. 21.4234, paragraphs (a)(2)(ii) and (a)(2)(iii) are
revised, and paragraph (a)(2)(iv) is added, to read as follows:
Sec. 21.4234 Change of program.
(a) Definition. * * *
(2) * * *
(ii) A change in the individual's educational, professional or
vocational objective following the successful completion of the
immediately preceding program of education,
(iii) A return to the individual's prior program of education
following a change of program if the individual resumes training in the
program without any loss of credit or standing in that program, or
(iv) An enrollment in a new program of education when that program
leads to a vocational, educational or professional objective in the
same general field as the immediately preceding program of education.
(Authority: 38 U.S.C. 3691)
* * * * *
8. In Sec. 21.4252, paragraph (g) and its authority citation are
added, to read as follows:
Sec. 21.4252 Courses precluded.
* * * * *
(g) Independent study. (1) Effective October 29, 1992, VA may pay
educational assistance to a veteran who is enrolled in a nonaccredited
course or unit subject offered entirely or partly by independent study
only if--
(i) Successful completion of the nonaccredited course or unit
subject is required in order for the veteran to complete his or her
program of education; and the veteran--
(A) Was receiving educational assistance on October 29, 1992, for
pursuit of the program of education of which the nonaccredited
independent study course or unit subject forms a part, and
(B) Has remained continuously enrolled in that program of education
from October 29, 1992, to the date the veteran enrolls in the
nonaccredited independent study course or unit subject; or
(ii) Was enrolled in and receiving educational assistance for the
nonaccredited independent study course or unit subject on October 29,
1992, and remains continuously enrolled in that course or unit subject.
(2) Whether or not the veteran is enrolled will be determined by
the regularly prescribed standards and practices of the educational
institution.
(Authority: 38 U.S.C. 3680A; sec. 313(b), Pub. L. 102-568, 106 Stat.
4331-4332)
* * * * *
9. In Sec. 21.4253, paragraph (a)(3) is revised and paragraph
(a)(5) and an authority citation for paragraph (a) are added, to read
as follows:
Sec. 21.4253 Accredited courses.
(a) General. * * *
(3) The course is conducted under the Act of February 23, 1917 (20
U.S.C. 11 et seq.).
* * * * *
(5) The course is approved by the State as meeting the requirement
of regulations prescribed by the Secretary of Health and Human Services
under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social
Security Act (42 U.S.C.1395i-3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).
(Authority: 38 U.S.C. 3675(a))
* * * * *
10. In Sec. 21.4254, paragraph (d) and its authority citation are
added, to read as follows:
Sec. 21.4254 Nonaccredited courses.
* * * * *
(d) Limitations on course approval. Notwithstanding any other
provision of this section, a State approving agency shall not approve a
nonaccredited course if it is to be pursued in whole or in part by
independent study.
(Authority: 38 U.S.C. 3676(e))
11. In Sec. 21.4265, paragraph (b)(3) is revised and an authority
citation is added, to read as follows:
Sec. 21.4265 Practical training approved as institutional training or
on-job training.
* * * * *
(b) Nursing courses.
* * * * *
(3) Except for enrollment in a nurse's aide course approved
pursuant to Sec. 21.4253(a)(5), VA shall not approve an enrollment in a
nonaccredited nursing course which does not meet the licensing
requirements of the State where the course is offered.
(Authority: 38 U.S.C. 3452, 3688)
* * * * *
12. In subpart D, a new Sec. 21.4267 and its authority citations
are added, to read as follows:
Sec. 21.4267 Approval of independent study.
(a) Overview. Except as provided in Secs. 21.4252(g), 21.7120(c),
and 21.7622(f), VA may not pay educational assistance for a
nonaccredited course which is offered in whole or in part by
independent study. Hence, it is necessary to differentiate independent
study from similar courses.
(Authority: 38 U.S.C. 3014, 3672, 3676(e), 3680A(a))
(b) Definition of independent study. (1) VA considers a course to
be offered entirely by independent study when--
(i) It consists of a prescribed program of study with provision for
interaction either by mail, telephone, or personally between the
student and the regularly employed faculty of the university or
college;
(ii) It is offered without any regularly scheduled, conventional
classroom or laboratory sessions; and
(iii) It is not a course listed in paragraph (c), (d), or (e) of
this section.
(2) VA considers a course to be offered in part by independent
study when--
(i) It is an undergraduate course;
(ii) It is not classified as one of the three types of courses
listed in paragraph (c) of this section;
(iii) It has some weeks when standard class sessions are scheduled;
and
(iv) It consists of independent study as defined in paragraph
(b)(1) of this section during those weeks when there are no regularly
scheduled class sessions.
(Authority: 38 U.S.C. 3676(e), 3680A(a))
(c) Scope of independent study. VA does not consider any of the
following courses to be courses offered by independent study.
(1) A cooperative course as defined in Sec. 21.4233(a);
(2) A farm cooperative course; or
(3) A course approved as a correspondence course.
(Authority: 38 U.S.C. 3676(e), 3680A(a))
(d) Undergraduate resident training. VA considers the following
undergraduate courses to be resident training.
(1) A course which meets the requirements for resident
institutional training found in Sec. 21.4265(f);
(2) A course which requires regularly scheduled, standard class
sessions at least once every two weeks and which has a total number of
class sessions equal to the number of credit hours awarded for the
course, times the number of weeks in a standard quarter or semester, as
applicable;
(3) A course of student teaching; and
(4) Flight training which is an integral part of a standard
undergraduate college degree.
(e) Graduate resident training. VA considers a graduate course to
be resident training if the course--
(1) Is offered through regularly scheduled, conventional classroom
or laboratory sessions; or
(2) Consists of research (either on campus or in absentia)
necessary for the preparation of the student's--
[[Page 6784]]
(i) Master's thesis,
(ii) Doctoral dissertation, or
(iii) Similar treatise which is prerequisite to the degree being
pursued; or
(3) Consists of a combination of training as described in
paragraphs (e)(1) and (e)(2) of this section.
(Authority: 38 U.S.C. 3676(e), 3680A(a))
13. In Sec. 21.4270, paragraphs (a) and (b) and footnote 1 to the
table in paragraph (c) are revised, to read as follows:
Sec. 21.4270 Measurement of courses.
(a) Measurement of trade, technical, and high school courses.
Trade, technical, high school, and high school preparatory courses
shall be measured as stated in this paragraph.
(1) Trade and technical courses. (i) Except as provided in
paragraph (b) of this section, if shop practice is an integral part of
a trade or technical course not leading to a standard college degree--
(A) A full-time enrollment is 22 clock hours per week (exclusive of
supervised study) with not more than 2\1/2\ hours rest period
allowance;
(B) A three-quarter-time enrollment is 16 through 21 clock hours
per week (exclusive of supervised study) with not more than 2 hours
rest period allowance;
(C) A one-half-time enrollment is 11 through 15 clock hours per
week (exclusive of supervised study) with not more than 1\1/4\ hours
rest period allowance;
(D) A less than one-half-time but more than one-quarter-time
enrollment is 6 through 10 clock hours per week (exclusive of
supervised study) with not more than \3/4\ hour rest period allowance;
and
(E) A quarter-time enrollment is 1 through 5 clock hours per week
(exclusive of supervised study).
(ii) Except as provided in paragraph (b) of this section, if theory
and class instruction constitute more than 50 percent of the required
hours in a trade or technical course not leading to a standard college
degree, enrollments will be measured as follows. In measuring net
instruction there will be included customary intervals not to exceed 10
minutes between classes. Shop practice and rest periods are excluded.
Supervised instruction periods in a school's shops and the time
involved in field trips and group instruction may be included in
computing the clock hour requirements.
(A) A full-time enrollment is 18 clock hours net instruction per
week (exclusive of supervised study);
(B) A three-quarter-time enrollment is 13 through 17 clock hours
net instruction per week (exclusive of supervised study);
(C) A one-half-time enrollment is 9 through 12 clock hours net
instruction per week (exclusive of supervised study);
(D) A less than one-half-time but more than one-quarter-time
enrollment is 5 through 8 clock hours net instruction per week
(exclusive of supervised study); and
(E) A quarter-time enrollment is 1 through 4 clock hours net
instruction per week (exclusive of supervised study).
(2) High school courses. If a student is pursuing high school
courses at a rate which would result in an accredited high school
diploma in four ordinary school years, VA considers him or her to be
enrolled full time. Otherwise, for high school enrollments, training
time will be determined as follows. (For the purpose of this paragraph,
a unit is not less than one hundred and twenty 60-minute hours or the
equivalent of study in any subject in one academic year.)
(i) A full-time enrollment is 18 clock hours net instruction per
week or four units per year or the equivalent;
(ii) A three-quarter-time enrollment is 13 through 17 clock hours
net instruction per week or three units per year or the equivalent;
(iii) A one-half-time enrollment is 9 through 12 clock hours net
instruction per week or two units per year or the equivalent;
(iv) A less than one-half-time but more than one-quarter-time
enrollment is 5 through 8 clock hours net instruction per week or one
unit per year or the equivalent; and
(v) A one-quarter-time enrollment is 1 through 4 clock hours net
instruction per week.
(3) Elementary school. For a high school preparatory course pursued
at the elementary school level--
(i) A full-time enrollment is 18 clock hours net instruction per
week;
(ii) A three-quarter-time enrollment is 13 through 17 clock hours
net instruction per week;
(iii) A one-half-time enrollment is 9 through 12 clock hours net
instruction per week;
(iv) A less than one-half-time but more than one-quarter-time
enrollment is 5 through 8 clock hours net instruction per week; and
(v) A one-quarter-time enrollment is 1 through 4 clock hours per
week.
(Authority: 38 U.S.C. 3688(a))
(b) Measurement of non-college degree courses offered by
institutions of higher learning. (1) Notwithstanding the provisions of
paragraph (a)(1) of this section, if a student is enrolled in a course
which is not leading to a standard college degree and which is offered
by an institution of higher learning, VA will measure his or her
enrollment in the same manner as collegiate undergraduate courses are
measured according to the provisions of paragraph (c) of this section.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if a student is enrolled in a course not leading to a standard
college degree which is offered on a standard quarter- or semester-hour
basis by an educational institution which is not an institution of
higher learning, VA shall measure his or her enrollment in the same
manner as collegiate undergraduate courses are measured according to
the provisions of paragraph (c) of this section, provided that the
educational institution requires at least the same minimum number of
hours of weekly attendance as are required by paragraph (a)(1) of this
section for courses offered on a clock-hour basis. If the educational
institution does not require at least the same minimum number of hours
of weekly attendance as are required in paragraph (a)(1) of this
section, VA will not apply the provisions of paragraph (c) of this
section, but will measure the course according to the criteria in
paragraph (a)(1) of this section.
(Authority: 38 U.S.C. 3688(a)(7))
(c) Collegiate graduate, professional and on-the-job training
courses. * * *
\1\ Cooperative courses may be measured on a full-time basis
only.
* * * * *
14. Section 21.4271 is removed and reserved.
15. In Sec. 21.4272, paragraphs (e), (f), (h), and (i) are removed
and reserved; and the introductory text and paragraph (g)(3) are
revised, to read as follows:
Sec. 21.4272 Collegiate course measurement.
VA will measure a college level course in an institution of higher
learning on a credit-hour basis provided all the conditions under
paragraph (a) or (b) of this section are met. See also Sec. 21.4273.
(Authority: 38 U.S.C. 3688)
* * * * *
(g) Course measurement; nonstandard terms. * * *
(3) The quotient resulting from the use of the formula is called
equivalent credit hours. VA treats equivalent credit hours as credit
hours for measurement purposes.
[[Page 6785]]
(Authority: 38 U.S.C. 3688(b))
* * * * *
16. Section 21.4280 is removed and reserved.
Subpart K--All Volunteer Force Educational Assistance Program (New
GI Bill)
17. The authority citation for part 21, subpart K is revised to
read as follows:
Authority: 38 U.S.C. 501(a); 38 U.S.C. ch. 30, unless otherwise
noted.
18. In Sec. 21.7020, paragraphs (b)(5) and (b)(6) are revised, and
paragraph (b)(42) is added, to read as follows:
Sec. 21.7020 Definitions.
* * * * *
(b) Other definitions. * * *
(5) Break in service. (i) Except as provided in paragraph
(b)(5)(ii) of this section, the term break in service means a period of
more than 90 days between the date when an individual is released from
active duty or otherwise receives a complete separation from active
duty service and the date he or she reenters on active duty.
(ii) A period during which an individual is assigned full time by
the Armed Forces to a civilian institution for a course of education
substantially the same as established courses offered to civilians is
not a break in service.
(Authority: 38 U.S.C. 3011, 3021)
(6) Continuous active duty. (i) The term continuous active duty
means active duty served without interruption. An interruption in
service will only be found when the individual receives a complete
separation from active duty.
(ii) A period during which an individual on active duty is assigned
full time by the Armed Forces to a civilian institution for a course of
education substantially the same as established courses offered to
civilians will not interrupt the continuity of the individual's active
duty.
(iii) If an individual, during his or her initial obligated period
of active-duty service, is separated from active duty to pursue a
course of education at a service academy or a post-secondary school
preparatory to enrollment at a service academy, no interruption in
service will be found and the individual's service will be considered
continuous active-duty service, provided he or she--
(A) Commences pursuit of a course of education at a service academy
or post-secondary school,
(B) Fails to complete the course of education, and
(C) Immediately reenters on a period of active duty.
(iv) An individual who is discharged or released from active duty
for a reason stated in paragraph (b)(6)(iv) of this section after
serving not more than 12 months of his or her initial obligated period
of active duty, and who subsequently reenlists or reenters on a period
of active duty, will not be considered to have an interruption in
service. Except as provided in paragraph (b)(6)(v) of this section, the
individual's service during the two periods will be considered
continuous active-duty service for the aggregate length of the two
service periods. However, the individual's discharge or release from
the initial obligated period of service must have been:
(A) For a service-connected disability,
(B) For a medical condition which preexisted such active-duty
service and is not service connected,
(C) For a physical or mental condition not characterized as a
disability and not resulting from the individual's own willful
misconduct which interfered with the individual's performance of duty
as determined by the Secretary concerned, or
(D) Involuntary, for the convenience of the Government as a result
of a reduction in force as determined by the Secretary concerned.
(v) If the second period of active-duty service referred to in
paragraph (b)(6)(iv) of this section is of such nature or character
that, when aggregated with the initial period of service referred to in
that paragraph, it would cause the individual to be divested of
entitlement to educational assistance otherwise established by the
initial period of active duty, the two periods of service will not be
aggregated and will not be considered a single period of continuous
active duty.
(vi) Time lost will not be considered to interrupt the continuity
of service. For the purpose of this section, ``time lost'' includes
excess leave, noncreditable time and not-on-duty time.
(Authority: 38 U.S.C. 3011, 3012)
* * * * *
(42) Continuously enrolled. The term continuously enrolled means
being in an enrolled status at an educational institution for each day
during the school year, and for consecutive school years. Continuity of
enrollment is not broken by holiday vacations; vacation periods;
periods during the school year between terms, quarters, or semesters;
or by nonenrollment during periods of enrollment outside the school
year (e.g., summer sessions).
(Authority: Sec. 313(b), Pub. L. 102-568, 106 Stat. 4333)
19. In Sec. 21.7032, paragraph (a) and its authority citation are
revised and paragraph (f) and its authority citation are added, to read
as follows:
Sec. 21.7032 Time limits.
(a) Scope of this section. The provisions of this section are
applicable to original applications, formal or informal; to reopened
claims; and, to the extent indicated in paragraph (f) of this section,
to elections to receive educational assistance under 38 U.S.C. chapter
30.
(Authority: 38 U.S.C. 3018B, 3034(a), 3471)
* * * * *
(f) Time limit for completing certain elections. An individual who
seeks to establish eligibility to receive educational assistance under
Sec. 21.7045 must--
(1) Within one year of the date of the VA letter or other written
notice to the individual indicating that additional evidence is needed
in order to complete the claim, submit that evidence to VA. This time
limit may be extended if the individual is able to show good cause for
an extension of the period to the date on which he or she actually
submits the additional evidence; and
(2) Submit the $1,200 VA is required pursuant to Sec. 21.7045(c)(2)
to collect before educational assistance can be awarded. A delay in
submitting the $1,200 may result in a later effective date for the
award to the individual, and in no event will VA accept payment of the
$1,200 from the individual after the last date of eligibility as
determined by Sec. 21.7050 or Sec. 21.7051. See Sec. 21.7131(k).
(Authority: 38 U.S.C. 3018B)
20. In Sec. 21.7042, the introductory text of paragraph (b)(7)(i)
is amended by removing ``as'' and adding, in its place, ``a'' and by
removing ``relesed'' and adding, in its place, ``released''; the
introductory text of paragraph (c)(3)(ii) is amended by removing ``the
individual is'' and adding, in its place, ``have been''; paragraph
(f)(1) is amended by removing ``in Sec. 21.7045(b)'' and adding, in its
place, ``in Sec. 21.7045(b) or (c)''; and the introductory text of
paragraph (a)(3) is revised, paragraph (a)(6) and its authority
citation and paragraph (b)(7)(iii) are added, the introductory text of
paragraph (c)(3) is revised, paragraphs (c)(3)(i), (c)(3)(iii)(A), and
(c)(3)(iii)(B) are revised, and paragraph (c)(3)(iii)(C) is added, to
read as follows:
Sec. 21.7042 Basic eligibility requirements.
* * * * *
(a) Eligibility based solely on active duty. * * *
(3) Except as provided in paragraph (a)(6) of this section, the
individual before completing the service
[[Page 6786]]
requirements of this paragraph must either--
* * * * *
(6) An individual who does not meet the requirements of paragraph
(a)(3) of this section nevertheless is eligible for basic educational
assistance if he or she--
(i) Was on active duty on August 2, 1990, and
(ii) Completes the requirements of a secondary school diploma (or
an equivalency certificate) before October 29, 1994.
(Authority: 38 U.S.C. 3011)
(b) Eligibility based on active duty service and service in the
Selected Reserve. * * *
(7) * * *
(iii) Before completing four years service in the Selected Reserve,
the individual ceases to be a member of the Selected Reserve during the
period beginning on October 1, 1991, and ending on September 30, 1999,
by reason of the inactivation of the individual's unit of assignment or
by reason of involuntarily ceasing to be designated as a member of the
Selected Reserve pursuant to 10 U.S.C. 268(b). However, this exemption
from the four-year service requirement does not apply to a reservist
who ceases to be a member of the Selected Reserve under adverse
conditions as characterized by the Secretary of the military department
concerned, or to a reservist who after having involuntarily ceased to
be a member of the Selected Reserve is involuntarily separated from the
Armed Forces under adverse conditions as characterized by the Secretary
of the military department concerned.
(Authority: 10 U.S.C. 16133(b)(1); 38 U.S.C. 3012(b)(1)(B); sec.
4421(b) and (c), Pub. L. 102-484, 106 Stat. 2718)
* * * * *
(c) Eligibility based on withdrawal of election not to enroll. * *
*
(3) The individual must:
(i) Complete the period of service that he or she was obligated to
serve on December 1, 1988, which will include completion of a period of
extension or reenlistment if an individual's initial obligated period
of service was scheduled to end after November 30, 1988, but he or she
extended an enlistment or reenlisted before December 1, 1988; or
* * * * *
(iii) * * *
(A) Discharged or released from active duty for the convenience of
the Government after completing not less than 20 months of that period
of service if such period was less than three years, or 30 months, if
that period was at least three years;
(B) Involuntarily discharged or released from active duty for the
convenience of the Government as a result of a reduction in force as
determined by the Secretary concerned in accordance with regulations
prescribed by the Secretary of Defense; or
(C) Discharged or released from active duty for a physical or
mental condition that was not characterized as a disability and did not
result from the individual's own willful misconduct but did interfere
with the individual's performance of duty, as determined by the
Secretary of the military department concerned in accordance with
regulations prescribed by the Secretary of Defense (or by the Secretary
of Transportation for the Coast Guard when the Coast Guard is not
operating as a service of the Navy).
* * * * *
21. In Sec. 21.7044, paragraph (a)(3)(ii) is amended by removing
``degree. This may be done at any time.'' and adding, in its place,
``degree, which may be done at any time;'' paragraph (a)(4)(i)(E) is
amended by removing ``or;'' and adding, in its place, ``or''; paragraph
(a)(4)(i)(F) is amended by removing ``Navy.'' and adding, in its place,
``Navy;'' and paragraph (a)(4)(i)(F) is further amended by removing its
authority citation; paragraph (a)(5)(iv) is amended by removing
``service;'' and adding, in its place, ``service; and''; and the
heading, paragraph (a)(6), the authority citation for paragraph (a),
and paragraph (b)(8)(ii)(B) are revised, and paragraphs (b)(8)(iii) and
(b)(12) and their authority citations are added, to read as follows:
Sec. 21.7044 Persons with 38 U.S.C. ch. 34 eligibility.
* * * * *
(a) Eligibility based solely on active duty. * * *
(6) The individual must have been on active duty at any time during
the period beginning on October 19, 1984, and ending on July 1, 1985,
and continued on active duty without a break in service.
(Authority: 38 U.S.C. 3011)
(b) Eligibility based on combined active duty service and service
in the Selected Reserve. * * *
(8) * * *
(ii) * * *
(B) For a medical condition which preexisted that period of active
duty and which VA determines is not service connected, or
(iii) Before completing four years service in the Selected Reserve
the individual ceases to be a member of the Selected Reserve during the
period beginning on October 1, 1991, and ending on September 30, 1999,
by reason of the inactivation of the individual's unit of assignment or
by reason of involuntarily ceasing to be designated as a member of the
Selected Reserve pursuant to 10 U.S.C. 268(b). However, this exemption
from the four years service requirement does not apply to a reservist
who ceases to be a member of the Selected Reserve under adverse
conditions as characterized by the Secretary of the military department
concerned, or to a reservist who after having involuntarily ceased to
be a member of the Selected Reserve is involuntarily separated from the
Armed Forces under adverse conditions as characterized by the Secretary
of the military department concerned.
(Authority: 10 U.S.C. 16133(b)(1); sec. 4421(b) and (c), Pub. L.
102-484, 106 Stat. 2718)
* * * * *
(12) The individual must have been on active duty at any time
during the period beginning on October 19, 1984, and ending on July 1,
1985, and continued on active duty without a break in service.
(Authority: 38 U.S.C. 3012(a)(1)(B))
* * * * *
22. Section 21.7045 is revised to read as follows:
Sec. 21.7045 Eligibility based on involuntary separation or voluntary
separation.
An individual who fails to meet the eligibility requirements found
in Sec. 21.7042 or Sec. 21.7044 nevertheless will be eligible for
educational assistance as provided in subpart K of this part if he or
she meets the requirements of paragraph (a) and either paragraph (b) or
(c) of this section.
(a) Service requirements. The individual must meet one of the
following sets of service requirements.
(1) The individual must--
(i) Be on active duty or full-time National Guard duty either on
September 30, 1990, or on or after November 30, 1993, and
(ii) After February 2, 1991, be involuntarily separated, as that
term is defined in 10 U.S.C. 1141, with an honorable discharge; or
(2) The individual must--
(i) Be separated from active military, naval, or air service with
an honorable discharge, and
(ii) Receive voluntary separation incentives under 10 U.S.C. 1174a
or 1175.
(Authority: 38 U.S.C. 3018A)
[[Page 6787]]
(b) Additional requirements for those individuals voluntarily
separated after October 22, 1992, or involuntarily separated. An
individual who meets the requirements of paragraph (a)(1) of this
section, or an individual who meets the requirements of paragraph
(a)(2) of this section and was separated after October 22, 1992, must
meet the following additional requirements in order to establish
eligibility for educational assistance.
(1) Required election. (i) If, under Sec. 21.7042(f), the
individual elected not to receive educational assistance under 38
U.S.C. ch. 30, he or she must irrevocably withdraw that election and
make an election to receive educational assistance under 38 U.S.C. ch.
30. The withdrawal and the election must be made:
(A) Before the involuntary or voluntary separation as the case may
be, and
(B) Pursuant to procedures which the Secretary of the military
department concerned provides in accordance with regulations prescribed
by the Secretary of Defense or which the Secretary of Transportation
provides with respect to the Coast Guard when it is not operating as a
service in the Navy; and
(ii) If the individual is a participant (as defined in
Sec. 21.5021(e)) in the educational program provided in 38 U.S.C. ch.
32, the individual must make an irrevocable election to receive
educational assistance under 38 U.S.C. ch. 30 rather than under 38
U.S.C. ch. 32. Such an election must be made:
(A) Before the individual is involuntarily or voluntarily separated
as the case may be, and
(B) Pursuant to procedures which the Secretary of the military
department concerned provides in accordance with regulations prescribed
by the Secretary of Defense or which the Secretary of Transportation
provides with respect to the Coast Guard when it is not operating as a
service in the Navy; or
(iii) If the individual is not described in either paragraph
(b)(1)(i) or (b)(1)(ii) of this section, he or she must make an
irrevocable election to receive educational assistance under 38 U.S.C.
ch. 30. This election must be made:
(A) Before the individual is involuntarily or voluntarily separated
as the case may be, and
(B) Pursuant to procedures which the Secretary of the military
department concerned provides in accordance with regulations prescribed
by the Secretary of Defense or which the Secretary of Transportation
provides with respect to the Coast Guard when it is not operating as a
service in the Navy.
(2) Reduction in basic pay. The basic pay of anyone who makes one
of the irrevocable elections described in paragraph (b)(1) of this
section is required by 38 U.S.C. 3018B to be reduced by $1,200.
(i) If for any reason the basic pay of an individual who received
an involuntary separation is not so reduced by $1,200, the failure to
make the reduction will not affect the individual's eligibility for
educational assistance under 38 U.S.C. ch. 30.
(ii) If the individual is voluntarily separated, such reduction of
the individual's basic pay by $1,200 is a precondition to establishing
eligibility. Hence, educational assistance under 38 U.S.C. ch. 30 may
not be paid to such an individual when the reduction does not occur.
(3) Educational requirement. (i) Before the date on which VA
receives the individual's application for educational assistance under
subpart K of this part, the individual must have successfully completed
either:
(A) The requirements of a secondary school diploma (or equivalency
certificate), or
(B) 12 semester hours (or the equivalent) in a program of education
leading to a standard college degree.
(ii) If a veteran's application for educational assistance is
denied due to failure to meet the requirements of paragraph (b)(3)(i)
of this section at the time of his or her application for educational
assistance, the veteran may reapply if the requirements are
subsequently met.
(Authority: 38 U.S.C. 3018B)
(c) Additional requirements for individuals who are voluntarily
discharged before October 23, 1992. If an individual meets the
requirements of paragraph (a)(2) of this section and is voluntarily
discharged before October 23, 1992, he or she must also meet the
following requirements in order to establish eligibility for
educational assistance.
(1) Required election. (i) If, under Sec. 21.7042(f), the
individual elected not to receive educational assistance under 38
U.S.C. ch. 30, he or she must irrevocably withdraw that election and
make an election to receive educational assistance under 38 U.S.C. ch.
30. The withdrawal and the new election must be made:
(A) Before October 23, 1993, and
(B) In the form and manner prescribed by the Secretary of Veterans
Affairs; and
(ii) If the individual is a participant (as defined in
Sec. 21.5021(e)) in the educational program provided in 38 U.S.C. ch.
32, the individual must make an irrevocable election to receive
educational assistance under 38 U.S.C. ch. 30 rather than under 38
U.S.C. ch. 32. Such an election must be made:
(A) Before October 23, 1993, and
(B) In the form and manner prescribed by the Secretary of Veterans
Affairs.
(iii) If the individual is not described in either paragraph
(c)(1)(i) or (ii) of this section, he or she must make an irrevocable
election to receive educational assistance under 38 U.S.C. ch. 30. This
election must be made:
(A) Before October 23, 1993, and
(B) In the form and manner prescribed by the Secretary of Veterans
Affairs.
(2) $1,200 collection. VA must collect $1,200 from the individual
before awarding educational assistance under 38 U.S.C. ch. 30.
Collection of $1,200 is a precondition to establishing eligibility.
(3) Educational requirement. (i) Before the date on which VA
receives the individual's application for educational assistance under
subpart K of this part, the individual must have successfully completed
either:
(A) The requirements of a secondary school diploma (or equivalency
certificate), or
(B) 12 semester hours (or the equivalent) in a program of education
leading to a standard college degree.
(ii) If a veteran's application for educational assistance under
subpart K of this part is denied due to failure to meet the
requirements of paragraph (c)(3)(i) of this section at the time of his
or her application for educational assistance, the veteran will be
permitted to apply at a later date.
(Authority: 38 U.S.C. 3018B)
Sec. 21.705 [Amended]
23. Section 21.7050(b)(1) is amended by removing ``October 18,
1984'' and adding, in its place, ``June 30, 1985''.
24. In Sec. 21.7072, paragraph (b) heading, paragraph (b)(1)
introductory text, and the authority citation for paragraph (b)(1) are
revised, to read as follows:
Sec. 21.7072 Entitlement to basic educational assistance.
* * * * *
(b) Entitlement: individual discharged for service-connected
disability, a medical condition which preexisted service, hardship, or
involuntarily for the convenience of the Government as a result of a
reduction in force. (1) Except as provided in Sec. 21.7073, when the
provisions of paragraph (b) of this section are met, an eligible
individual is entitled to one month of basic educational assistance (or
equivalent thereof in part-time basic educational assistance) for each
month of the
[[Page 6788]]
individual's continuous active duty service that is after June 30,
1985, and that, in the case of an individual who had no previous
eligibility under 38 U.S.C. ch. 34, is part of the individual's initial
obligated period of active duty. In the case of a veteran to whom the
definition of continuous active duty found in either
Sec. 21.7020(b)(6)(iii) or Sec. 21.7020(b)(6)(iv) applies, the length
of the continuous active duty will be the aggregate length of the
periods of active duty referred to in those paragraphs. Except as
provided in Sec. 21.7073, VA will apply paragraph (b) of this section
when the individual:
* * * * *
(Authority: 38 U.S.C. 3011(f), 3013(a))
* * * * *
25. In Sec. 21.7120, paragraph (d) and its authority citation are
added, to read as follows:
Sec. 21.7120 Courses included in programs of education.
* * * * *
(d) Independent study. (1) Except as provided in paragraph (d)(2)
of this section, effective October 29, 1992, VA may pay educational
assistance to a veteran or servicemember who is enrolled in a
nonaccredited course or unit subject offered entirely or partly by
independent study only if--
(i) Successful completion of the nonaccredited course or unit
subject is required in order for the veteran or servicemember to
complete his or her program of education,
(ii) On October 29, 1992, the veteran or servicemember was
receiving educational assistance for pursuit of the program of
education of which the nonaccredited independent study course or unit
subject forms a part, and
(iii) The veteran or servicemember has remained continuously
enrolled in the program of education of which the nonaccredited
independent study course or unit subject forms a part from October 29,
1992, to the date of enrollment by the veteran or servicemember in the
nonaccredited independent study course or unit subject.
(2) Notwithstanding the provisions of paragraph (d)(1) of this
section, VA may pay educational assistance to a veteran or
servicemember for enrollment in a course or unit subject offered by
independent study which, though part of an approved program of
education, is not required in order for the veteran or servicemember to
complete the program of education (i.e., an elective) when--
(i) The veteran or servicemember was enrolled in and receiving
educational assistance for the course or unit subject on October 29,
1992, and
(ii) The veteran or servicemember remains continuously enrolled in
the course or unit subject.
(3) Whether or not the veteran or servicemember is enrolled will be
determined by the regularly prescribed standards and practices of the
educational institution offering the course or unit subject.
(Authority: 38 U.S.C. 3014, 3034, 3076, 3680A(a); sec. 313(b), Pub.
L. 102-568, 106 Stat. 4333)
26. In Sec. 21.7122, paragraphs (e)(5) and (e)(6) and the authority
citation for paragraph (e) are revised, and paragraph (e)(7) is added,
to read as follows:
Sec. 21.7122 Courses precluded.
* * * * *
(e) Other courses. * * *
(5) Except as provided in Sec. 21.4252(j), a course from which the
veteran or servicemember withdrew without mitigating circumstances,
(6) An enrollment in a course offered by a proprietary school when
the veteran or servicemember is an official of the school authorized to
sign certificates of enrollment or monthly certificates of attendance
or monthly certifications of pursuit, an owner of the school, or an
operator of the school, or
(7) Except as provided in Sec. 21.7120(d), an enrollment in a
nonaccredited independent study course.
(Authority: 38 U.S.C. 3002(3), 3034, 3672(a), 3676, 3680(a),
3680A(a))
27. In Sec. 21.7131, paragraph (j) is added, to read as follows:
Sec. 21.7131 Commencing dates.
* * * * *
(j) Service Members Occupational Conversion and Training Act of
1992. If the veteran's educational assistance has been discontinued
because the veteran is training under a job training program for which
benefits are payable to his or her employer under the Service Members
Occupational Conversion and Training Act of 1992, VA will determine the
date upon which educational assistance may be resumed as follows.
(1) When the veteran is pursuing a program of education on the last
date for which benefits are payable under that Act, payments will be
resumed on the day following that date.
(2) When the veteran is not pursuing a program of education on the
last date for which benefits are payable under that Act, payments will
be resumed on the commencing date as determined by paragraphs (a)
through (i) of this section, but not before the day following the last
date for which benefits are payable under that Act.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
28. In Sec. 21.7135, paragraph (z) is redesignated as paragraph
(bb); and paragraph (a) and its authority citation are revised, and
paragraphs (z) and (aa) and their authority citations are added, to
read as follows:
Sec. 21.7135 Discontinuance dates.
* * * * *
(a) Death of veteran or servicemember. (1) If the veteran or
servicemember receives an advance payment pursuant to 38 U.S.C. 3680(d)
and dies before the period covered by the advance payment ends, the
discontinuance date of educational assistance shall be the last date of
the period covered by the advance payment.
(2) In all other cases if the veteran or servicemember dies while
pursuing a program of education, the discontinuance date of educational
assistance shall be the last date of attendance.
(Authority: 38 U.S.C. 3014, 3023, 3680)
* * * * *
(z) Independent study course loses accreditation. Except as
otherwise provided in Sec. 21.7120(d), if the veteran or servicemember
is enrolled in a course offered in whole or in part by independent
study, and the course loses its accreditation (or the educational
institution offering the course loses its accreditation), the date of
reduction or discontinuance will be the effective date of the
withdrawal of accreditation by the accrediting agency.
(Authority: 38 U.S.C. 3014, 3034, 3676, 3680A(a))
(aa) Service Members Occupational Conversion and Training Act of
1992. If a veteran enters a training program for the purpose of
obtaining assistance under the Service Members Occupational Conversion
and Training Act of 1992, the effective date of discontinuance of
educational assistance shall be the date on which the veteran entered
the job training program.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
* * * * *
29. In Sec. 21.7136, paragraphs (a), (b), (c), (d) and (e) are
redesignated as paragraphs (b), (c), (d), (e) and (f), respectively;
the introductory text of newly redesignated paragraph (f) is amended by
removing ``Sec. 21.7045(b)(2)'' and adding, in its place,
``Sec. 21.7045(b)(1)(ii) or (c)(1)(ii)''; and introductory text is
added to the section, paragraph (a) is added, newly
[[Page 6789]]
redesignated paragraphs (b) and (c) are revised to read as follows:
Sec. 21.7136 Rates of payment of basic educational assistance.
The monthly rate of educational assistance payable to a veteran or
servicemember depends in part upon the service requirements he or she
met to establish eligibility for that educational assistance.
(a) Service requirements for higher rates. The monthly rate of
basic educational assistance payable to a veteran or servicemember
shall be the rate stated in paragraph (b) of this section when--
(1) The veteran has established eligibility for educational
assistance under Sec. 21.7045; or
(2) The veteran has established eligibility under Sec. 21.7042, and
one of the following sets of circumstances exist.
(i) The veteran's initial obligated period of active duty is at
least three years; or
(ii) The veteran's initial obligated period of active duty is at
least two years and less than three years and either the veteran has
served or is committed to serve in the Selected Reserve for a period of
at least four years, or the veteran was committed to serve in the
Selected Reserve for a period of at least four years but failed to
complete four years service for one of the reasons stated in
Sec. 21.7042(b)(7)(i) or (iii); or
(iii) The veteran's initial obligated period of active duty is at
least two years and less than three years and--
(A) The basic educational assistance is payable for training
received after August 31, 1993;
(B) The veteran's continuous active duty service beginning on the
date of the commencement of his or her initial obligated period of
active duty is at least three years and upon completion of that
continuous period of active duty the veteran either--
(1) Continues on active duty; or
(2) Is discharged from active duty with an honorable discharge; or
(3) Is released after service on active duty characterized by the
Secretary concerned as honorable service and is placed on the retired
list, transferred to the Fleet Reserve or the Fleet Marine Corps
Reserve, placed on the temporary disability retired list; or
(4) Is released from active duty for further service in a reserve
component of the Armed Forces after service on active duty
characterized by the Secretary concerned as honorable service.
(Authority: 38 U.S.C. 3015(a))
(b) Rates. (1) Except as provided in paragraphs (b)(2) and (b)(3)
of this section, the monthly rate of basic educational assistance
payable to a veteran whose service meets the requirements of paragraph
(a) of this section is the rate stated in the following table.
------------------------------------------------------------------------
Training Monthly rate
------------------------------------------------------------------------
Full time............................ $400.00.
\3/4\ time........................... 300.00.
\1/2\ time........................... 200.00.
Less than \1/2\ but more than \1/4\ 200.00
time. See Sec. 21.7136(d).
\1/4\ time or less................... 100.00
See Sec. 21.7136(d).
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3015(c), 3015(f))
(2) If a veteran's service is described in paragraph (a) of this
section, the monthly rate of basic educational assistance payable when
he or she is pursuing an apprenticeship or other on-job training is the
rate stated in the following table.
------------------------------------------------------------------------
Monthly
Training period rate
------------------------------------------------------------------------
First six months of pursuit of program....................... $300.00
Second six months of pursuit of program...................... 220.00
Remaining pursuit of program................................. 140.00
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3015, 3032(c))
(3) If a veteran's service is described in paragraph (a) of this
section, the monthly rate of basic educational assistance payable when
he or she is pursuing a cooperative course is $320.
(Authority: 38 U.S.C. 3015(f), 3032(d))
(c) Rates for some veterans whose initial obligated period of
active duty is less than three years. If a veteran has established
eligibility under Sec. 21.7042, but the veteran's service is not
described in paragraph (a)(2) of this section, the monthly rate of
educational assistance payable to the veteran shall be determined by
this paragraph.
(1) Except as provided in paragraphs (c)(2) and (c)(3) of this
section, the monthly rate of basic educational assistance payable to a
veteran is the amount stated in the following table.
------------------------------------------------------------------------
Training Monthly rate
------------------------------------------------------------------------
Full time............................ $325.00.
3/4 time............................. 243.75.
1/2 time............................. 162.50.
Less than 1/2 but more than 1/4 time. 162.50
See Sec. 21.7136(d).
1/4 time or less..................... 81.25
See Sec. 21.7136(d).
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3015(c))
(2) The monthly rate of educational assistance payable to a veteran
who is pursuing an apprenticeship or other on-job training is the rate
stated in the following table.
------------------------------------------------------------------------
Monthly
Training period rate
------------------------------------------------------------------------
First six months of pursuit of program....................... $243.75
Second six months of pursuit of program...................... 178.75
Remaining pursuit of program................................. 113.75
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3032(c))
(3) The monthly rate of basic educational assistance payable to a
veteran is $260 when the veteran is pursuing a cooperative course.
(Authority: 38 U.S.C. 3015)
* * * * *
30. In Sec. 21.7137, the heading and paragraphs (a)(1), (a)(2), and
(c) are revised, to read as follows:
Sec. 21.7137 Rates of payment of basic educational assistance for
individuals with remaining entitlement under 38 U.S.C. ch. 34.
(a) Minimum rates. (1) Except as provided in paragraph (a)(2) of
this section, the monthly rate of basic educational assistance will be
the rate stated in the following table.
----------------------------------------------------------------------------------------------------------------
Monthly rate
---------------------------------------------------------------------------------
Additional
Training One Two for each
No dependents dependent dependents additional
dependent
----------------------------------------------------------------------------------------------------------------
Full time..................... $588.00.................................. $624.00 $655.00 $16.00
\3/4\ time.................... 441.00................................... 468.00 491.50 12.00
\1/2\ time.................... 294.00................................... 312.00 327.00 8.50
Less than \1/2\ but more than 294.00 See Sec. 21.7137(b).............. ........... ...........
\1/4\ time.
[[Page 6790]]
\1/4\ time or less............ 147.00 See Sec. 21.7137(b).............. ........... ...........
Cooperative................... 441.60................................... 462.00 481.60 9.20
----------------------------------------------------------------------------------------------------------------
(Authority: 38 U.S.C. 3015(c), 3015(f))
(2) For veterans pursuing an apprenticeship or other on-job
training, the monthly rate of basic educational assistance will be the
rate stated in the following table.
----------------------------------------------------------------------------------------------------------------
Monthly rate
---------------------------------------------------
Additional
Training period No One Two for each
dependents dependent dependents additional
dependent
----------------------------------------------------------------------------------------------------------------
1st 6 mos. of pursuit of program............................ $402.75 $415.13 $426.00 $5.25
2nd 6 mos. of pursuit of program............................ 276.38 285.73 293.43 3.85
3rd 6 mos. of pursuit of program............................ 163.80 169.93 174.65 2.45
Remaining pursuit of program................................ 151.90 157.68 162.93 2.45
----------------------------------------------------------------------------------------------------------------
(Authority: 38 U.S.C. 3015(d), 3015(f))
* * * * *
(c) Rates for servicemembers. The monthly rate of educational
assistance for a servicemember may not exceed the lesser of the
following rates (except as provided in paragraph (d) of this section):
(1) The monthly pro-rated cost of the course.
(2) The following monthly rates--
(i) $588.00 for full-time training,
(ii) $441.00 for three-quarter-time training,
(iii) $294.00 for one-half time training and training that is less
than one-half, but more than one-quarter-time training, and
(iv) $147.00 for one-quarter-time training.
(Authority: 38 U.S.C. 3015(d), 3015(f))
31. In Sec. 21.7145, paragraph (e) is revised, to read as follows:
Sec. 21.7145 Work-study allowance.
* * * * *
(e) Payment in advance. VA will pay in advance an amount equal to
the lesser of the following:
(1) 40 percent of the total amount payable under the contract, or
(2) An amount equal to 50 times the applicable minimum hourly wage
in effect on the date the contract is signed.
(Authority: 38 U.S.C. 3485)
32. In Sec. 21.7152, paragraph (b)(3)(ii) is removed; paragraph
(b)(3)(iii) is redesignated as paragraph (b)(3)(ii); and paragraph
(b)(3)(i) is revised, to read as follows:
Sec. 21.7152 Certification of enrollment.
* * * * *
(b) Length of the enrollment period covered by the enrollment
certification.
* * * * *
(3) * * *
(i) The enrollment date, and
* * * * *
33. In Sec. 21.7170, paragraphs (b) and (g) are removed; paragraphs
(c), (d), (e) and (f) are redesignated as paragraphs (b), (c), (d) and
(e), respectively; and the introductory text and paragraph (a) are
revised, to read as follows:
Sec. 21.7170 Course measurement.
In administering benefits payable under 38 U.S.C. chapter 30, VA
shall apply the following sections.
(a) Sec. 21.4270 (except paragraphs (a)(2) and (a)(3) and those
portions of paragraph (c) and footnotes dealing with farm cooperative
training)--Measurement of courses,
(Authority: 38 U.S.C. 3034, 3688)
* * * * *
34. In Sec. 21.7172, paragraphs (a)(1), (a)(2), and (d) are
revised, to read as follows:
Sec. 21.7172 Measurement of concurrent enrollments.
(a) Conversion of units of measurement required. * * *
(1) If VA measures the courses at the primary institution on a
credit-hour basis (including a course which does not lead to a standard
college degree, which is being measured on a credit-hour basis), and VA
measures the courses at the second school on a clock-hour basis, the
clock hours will be converted to credit hours.
(2) If VA measures the courses pursued at the primary institution
on a clock-hour basis, and VA measures the courses pursued at the
second school on a credit-hour basis, VA will convert the credit hours
to clock hours to determine the veteran's training time.
(Authority: 38 U.S.C. 3034, 3688)
* * * * *
(d) Both courses measured on a credit hour basis or both courses
measured on a clock hour basis. If VA measures the courses pursued at
both institutions on a credit hour basis or on a clock hour basis, VA
will measure the veteran's enrollment by adding together the units of
measurement for the courses at the second school and the units of
measurement for the courses at the primary institution. The standard
for full time will be the full-time standard for the courses at the
primary institution.
(Authority: 38 U.S.C. 3034, 3688)
35. In Sec. 21.7220, paragraph (b) introductory text is revised,
paragraphs (b)(9) and (b)(10) are revised, paragraph (b)(11) is added,
and the authority citation for paragraph (b) is revised, to read as
follows:
Sec. 21.7220 Course approval.
* * * * *
(b) Course approval criteria. In administering benefits payable
under 38 U.S.C. chapter 30, VA and, where appropriate, the State
approving agencies, shall apply the following sections.
* * * * *
(9) Section 21.4265--Practical training approved as institutional
training or on-job training,
(10) Section 21.4266--Courses offered at subsidiary branches or
extensions,
[[Page 6791]]
(11) Section 21.4267--Approval of independent study.
(Authority: 38 U.S.C. 3034, 3476, 3672, 3675, 3676, 3678, 3679,
3680A, 3689)
* * * * *
36. In Sec. 21.7222, paragraph (e) and its authority citation are
revised, to read as follows:
Sec. 21.7222 Courses and enrollments which may not be approved.
* * * * *
(e) Except as provided in Sec. 21.7120(d), an independent study
course which--
(1) Does not lead to a standard college degree, or
(2) Is a nonaccredited course.
(Authority: 38 U.S.C. 3676, 3680A)
37. In Sec. 21.7280, paragraph (b)(1) is revised, to read as
follows:
Sec. 21.7280 Death benefit.
* * * * *
(b) Necessary criteria for death benefit. * * *
(1) The individual either--
(i) Dies while on active duty, or
(ii) Dies after October 28, 1992, and his or her date of death is
within one year after the date of his or her last discharge or release
from active duty; and
* * * * *
[FR Doc. 96-3780 Filed 2-21-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-3366 Addition of Bigleaf Mahogany to Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6793-6795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3366]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
RIN 1018-AD61
Addition of Bigleaf Mahogany to Appendix III of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule announces the addition to Appendix III of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES or Convention) of bigleaf mahogany (Swietenia
macrophylla) from the Americas and its saw-logs, sawn wood and veneers
only, as submitted by the Government of Costa Rica. A list of the
species contained in the CITES appendices is presented for
informational purposes in the U.S. Code of Federal Regulations at 50
CFR 23.23. The Service will consider any comments received on whether
to enter a reservation on the addition of this species to Appendix III.
Second, a phrase is revised in 50 CFR 23.23(d) to clarify that the
regulated parts and derivatives of plants are in some cases presented
categorically, and in others set out with the particular entry on the
species in the list.
DATES: This rule is effective on February 22, 1996. The recent change
to Appendix III set forth in this rule entered into force on November
16, 1995, under the terms of the Convention.
ADDRESSES: Please send correspondence concerning the amendment
announced in this rule to Chief, Office of Scientific Authority, ARLSQ
725, U.S. Fish and Wildlife Service, Washington, DC 20240; fax number
703-358-2276. Express and messenger deliveries should be addressed to
Chief, Office of Scientific Authority, Room 750, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Arlington, Virginia 22203.
The text of the Appendix III notification from the Convention's
Secretariat is available on request, and related materials are
available for public inspection by appointment, from 8 a.m. to 4 p.m.
Monday through Friday, at the above address in Arlington, Virginia.
Please send certificate/permit questions or any applications
concerning this regulation to Chief, Office of Management Authority,
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 420c,
Arlington, Virginia 22203, fax number 703-358-2281. Express and
messenger deliveries should be addressed to Chief, Office of Management
Authority, at that Arlington address.
FOR FURTHER INFORMATION CONTACT:
Dr. Charles W. Dane, Chief, Office of Scientific Authority (telephone
703-358-1708), or the Branch of Permits, Office of Management Authority
(telephone 800-358-2104).
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (TIAS 8249) regulates international trade in certain
animal and
[[Page 6794]]
plant species. The species for which trade in particular specimens is
controlled are listed in Appendices I, II, and III to the Convention.
Appendix III comprises the list of species subject to regulation within
any CITES Party country that has requested the cooperation of the other
Parties in regulating international trade in the specified specimens of
the species.
This rule updates the list of CITES species that is reproduced in
the U.S. Code of Federal Regulations (CFR) at 50 CFR 23.23(f) (see the
latest revision in the Federal Register of October 6, 1995 [60 FR
52450]) by adding Swietenia macrophylla (bigleaf mahogany) in the
Americas (i.e., South America, Central America, the Caribbean, and
North America) to Appendix III as advanced by the Government of Costa
Rica pursuant to Article XVI paragraph 1 of the Convention, including
only its saw-logs, sawn wood, and veneers as the parts or derivatives
covered by the provisions of the Convention. Thus, products such as
finished furniture are excluded. Moreover, export of specimens from
plantations located outside the Americas is not regulated. The CITES
Secretariat notified all Party countries on August 18, 1995, of the
addition to Appendix III of the populations of this species in the
Americas. (the species is native from Bolivia and Brazil to Mexico.) In
accordance with Article XVI paragraph 2, such an amendment becomes
effective 90 days after notification, in this case on November 16,
1995. All shipments exported on or after that date must be accompanied
by appropriate documentation in compliance with CITES, which is to be
presented upon import to the Party countries.
International trade in Appendix III species and their parts and
derivatives that are specified as being included requires the issuance
of either an export permit, a certificate of origin, a re-export
certificate, or a pre-Convention certificate, by the exporting or the
re-exporting Party. An export permit, which signifies that the
specimens were not obtained in contravention of the laws of that
country for conservation, is required if the shipment originates from
the Party that added the species to Appendix III, in this case Costa
Rica. Export from the other Party countries in the Americas requires
the issuance of either a certificate from the country of origin, a
certificate from the country of re-export, or a pre-Convention
certificate (from the country of export); these documents legally
verify either (1) that the specimens that were acquired since the date
of the species' listing originated in a non-listing country; (2) that
they are being re-exported after an importation in accordance with
CITES; or (3) that they were acquired before the provisions of the
Convention applied to them. All the countries of South America, Central
America, and North America and some countries in the Caribbean are
Parties to the Convention. Beginning in 1976 with Resolution Conf. 1.5,
the Parties have recommended that Article X of CITES be applied so that
equivalent documentation is required from non-Parties to the
Convention.
The Convention's Secretariat as well as the United States Office of
Management Authority have made inquiries regarding the certificates of
origin that exporting range countries plan to issue for shipments of
the specimens of this species (e.g., saw-logs, sawn wood, or veneer
sheets). By February 9, 1996, responses had been received from Mexico,
Guatemala, Belize, Honduras, Nicaragua, Venezuela, Bolivia, and Brazil.
For information on the types of documents required for such importation
into the United States, as well as requests for any documents needed
for such re-export or export from the United States, contact the
Service's Office of Management Authority (address and phone number
above).
Any Party at any time may enter a reservation on a species added to
Appendix III. A Party that has entered a reservation is treated as a
country that is not party to the Convention with respect to the trade
in the species concerned (until such time as that Party withdraws its
reservation). The limited effects of a reservation in alleviating
importers and exporters from documentation requirements with the other
CITES Parties were thoroughly discussed in a Federal Register notice on
November 17, 1987 (52 FR 43924). In a subsequent Federal Register
notice of March 28, 1988 (53 FR 9945; see also 53 FR 12497, April 14,
1988), the Service made a procedural change in requesting comments
about such reservations for species added to Appendix III. Because the
effects of such a reservation are limited, and there is also no time
limit for reserving on a species added to Appendix III, a proposed rule
is not published at the time the list in Sec. 23.23 is amended.
Regardless of any U.S. decision to enter a reservation, this particular
amendment to Appendix III entered into force on November 16, 1995,
under terms of the Convention. Publishing this rule informs the public
of this international action while still affording those interested the
opportunity and time to assess the merits of entering a reservation.
Therefore, good cause exists to omit a proposed-rule and public-comment
process, since it is unnecessary and contrary to the public interest [5
U.S.C. 553(b)]. Because bigleaf mahogany in the Americas was added to
Appendix III of the Convention effective on November 16, 1995, and
because of the other reasons stated herein, the Service finds that good
cause exists for making this rule effective upon its date of
publication [5 U.S.C. 553(d)]. Accordingly, paragraph (f) of Sec. 23.23
of 50 CFR is amended at the conclusion of this document.
At the ninth meeting of the Conference of the Parties to the
Convention, the United States was among 50 of 83 Parties that voted in
favor of including this species in Appendix II, which fell short of the
two-thirds majority needed for adoption (see the Federal Register
notices of November 8, 1994 [59 FR 55617] and January 3, 1995 [60 FR
73]). The Service has not recommended entering a reservation on this
Appendix III listing. Consideration for doing so would be given if
valid and compelling reasons are shown that implementation of this
listing would be contrary to the interests or laws of the United
States. The Service now solicits comments on whether to enter a
reservation, and particularly seeks any new information that becomes
available. The Service will consider all comments received, and if
appropriate, will recommend that the United States submit a reservation
to the depositary government (which is Switzerland).
Revision in CFR Based on Previous Changes to Appendices
The first sentence of 50 CFR 23.23(d) stipulates that the readily
recognizable parts and derivatives of the animals and plants included
in the CITES appendices are subject to the regulations of this part,
unless specified otherwise for particular species in certain appendices
(see 60 FR 50477, September 29, 1995 and 60 FR 52450, October 6, 1995).
The present rule provides the opportunity for a minor corrective change
to that sentence to clarify that exclusions of parts or derivatives for
certain plant species are presented with the particular entry on that
species, whereas for other plant taxa the exclusions or exemptions are
presented categorically in the text of 50 CFR 23.23(d).
The opening language of Sec. 23.23(d) in those recent Federal
Register notices mistakenly omitted reference to Appendices II and III
listings of plant species that may contain exclusions of certain
readily recognizable parts and derivatives that are not addressed by
the categorical exclusions specified in
[[Page 6795]]
paragraph (d). This ambiguity is corrected in this rule in order to
explicitly eliminate possible perception of additional regulation of
certain Appendix II or Appendix III plant products. Absent compelling
biological reasons, the United States should not be regulating parts or
derivatives of Appendix II or III species that have not been specified
by the Parties as in need of trade control. This amendment thus
relieves unnecessary potential import restriction and avoids potential
inconsistent application of CITES requirements for Appendix II or III
plant shipments. For the reasons set out above, the Service finds that
good cause exists to omit the public notice-and-comment procedure of 5
U.S.C. 553(b), since such public process would be unnecessary and
contrary to the public interest by continuing a potential needless
regulatory burden and by potentially leading to inconsistent
administration of CITES for some Appendix II or III plant shipments.
For these same reasons, the Service finds that good cause exists for
making this change effective upon publication of this notice [5 U.S.C.
553(d) (1) & (3)].
Other Procedural Requirements
The Department has determined that changes to the Convention
appendices, which result from actions of the Parties to the treaty, do
not require preparation of Environmental Assessments as defined under
authority of the National Environmental Policy Act (42 U.S.C. 4321-
4347). Since this Appendix III action has been taken by Costa Rica and
communicated by the CITES Secretariat, the Department also has
determined that the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
does not apply to this listing process. This rule was not subject to
review by the Office of Management and Budget under Executive Order
12866.
This document was prepared by Drs. Bruce MacBryde and Charles W.
Dane, Office of Scientific Authority, under the authority of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq., 87
Stat. 884, as amended).
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Imports, and Treaties.
Regulation Promulgation
PART 23--ENDANGERED SPECIES CONVENTION
Accordingly, for the reasons set out above in this document, Part
23, Subpart C of Title 50 (Chapter I, Subchapter B) of the Code of
Federal Regulations is amended as set forth below:
1. The authority citation for Part 23 continues to read as follows:
Authority: Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
2. Section 23.23 is amended by revising paragraph (d) introductory
text to read as follows:
Sec. 23.23 Species listed in Appendices I, II, and III.
* * * * *
(d) Unless specified otherwise, all living or dead animals and
plants in Appendix I, II or III, and all their readily recognizable
parts and derivatives, are subject to the regulations of this Part.
Excluded are specified parts or derivatives of particular Appendix III
animal species and Appendix II and Appendix III plant species as
indicated in the listings of those taxa in subsection (f) below;
furthermore, the following specified parts or derivatives of certain
plants are categorically excluded or exempted:
* * * * *
3. Section 23.23(f) is amended by adding the following entry
between the entries for Swietenia humilis and Swietenia mahagoni under
the plant family Meliaceae:
* * * * *
(f) * * *
----------------------------------------------------------------------------------------------------------------
First listing date
Species Common name Appendix (month/day/year)
----------------------------------------------------------------------------------------------------------------
Plant kingdom--Family meliaceae: Plants--Mahogany family.
* * * * * *
*
Swietenia macrophylla populations Bigleaf mahogany........ III (Costa Rica)......... 11/16/95
in the Americas (including saw-
logs, sawn wood, and veneers,
but no other parts or
derivatives, e.g., products).
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Dated: January 22, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-3366 Filed 2-21-96; 8:45 am]
BILLING CODE 4310-55-M
Complete official Federal Register PDF
FR Doc. 96-2682 Airworthiness Directives; Glasflugel Model Mosquito Sailplanes
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6770-6771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2682]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 93-CE-02-AD; Amendment 39-9509; AD 96-03-12]
Airworthiness Directives; Glasflugel Model Mosquito Sailplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Glasflugel Model Mosquito sailplanes. This action requires
modifying the mounting studs on the lifting/tilting frame of the canopy
system, repetitively inspecting the mounting stud, and incorporating
flight manual revisions that specify a warning on emergency canopy
deployment failure. Canopy system problems discovered during routine
checks and periodic inspections of these sailplanes prompted the
proposed action. The actions specified in this proposed AD are intended
to prevent canopy system failure, which could result in loss of control
of the sailplane.
DATES: Effective April 1, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 1, 1996.
ADDRESSES: Service information that applies to this AD may be obtained
from Glasflugel c/o Hansjorg Streifeneder, Glasfaser-Flugzeug Service,
Hofener Weg, D 72582 Grabenstetten, Germany, telephone number
49.73.82.10.32. This information may also be examined at the Federal
Aviation Administration (FAA), Central Region, Office of the Assistant
Chief Counsel, Attention: Rules Docket 93-CE-02-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Mr. Herman C. Belderok, Project
Officer, Sailplanes, Small Airplane Directorate, Aircraft Certification
Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106;
telephone (816) 426-6932; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an AD that applies to
Glasflugel Model Mosquito sailplanes was published in the Federal
Register on September 15, 1995 (60 FR 47899). This action proposed to
require the following:
Inspecting the mounting studs on the canopy lifting/
tilting frame for wear, repetitively inspecting the mounting stud every
100 hours time-in-service (TIS) thereafter,
Measuring the diameter of the mounting stud, and if it is
less than 5 mm (0.2 inch) increasing the diameter to 6 mm (0.24 inch)
and,
Incorporating a change to the Mosquito flight manual on
page 19, paragraph 3.3 by inserting the following language:
``Whenever the canopy emergency jettison knob is pulled and
prior to each flight, if no locking thread is used, it should be
ensured that the Pip pins are fully pushed home, so that the locking
balls are clear of and behind their fittings.''
Initially, the compliance time of this AD is in calendar time
instead of hours time-in-service (TIS). The average monthly usage of
the affected sailplanes ranges throughout the fleet. For example, one
owner may operate the sailplane 25 hours in one week, while another
operator may operate the sailplane 25 hours in one year. For this
reason, the FAA has determined that, in order to ensure that all of the
owners/operators of the affected sailplanes initially inspect the
canopy system and incorporate the flight manual revisions within a
reasonable amount of time, a calendar compliance time is imposed.
Accomplishment of these actions will be in accordance with
Glasflugel Technical Note (TN) 303-18, dated March 1, 1991.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
The FAA estimates that 40 sailplanes in the U.S. registry will be
affected by this AD, that it will take approximately 2 workhours per
sailplane to accomplish this action, and that the average labor rate is
approximately $60 an hour. Parts cost approximately $10 per sailplane.
Based on these figures, the total cost impact of this AD on U.S.
operators is estimated to be $5,200. This figure is based on the
assumption that no affected owner/operator of the affected sailplanes
has incorporated the
[[Page 6771]]
modification or accomplished the inspection.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
96-03-12 Glasflugel: Amendment 39-9509; Docket No. 93-CE-02-AD.
Applicability: Model Mosquito Sailplanes (all serial numbers),
certificated in any category.
Note 1: This AD applies to each sailplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For sailplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (f) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition, or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any sailplane from the applicability of this AD.
Compliance: Required as indicated in the body of this AD.
To prevent canopy system failure, which could result in loss of
control of the sailplane, accomplish the following:
(a) Within the next 30 calendar days after the effective date of
this AD, unless already accomplished, and thereafter at the
intervals not to exceed 100 hours time-in-service (TIS), inspect the
mounting studs on the canopy lifting/tilting frame for evidence of
wear and diameter specifications in accordance with the Actions
section in Glasflugel Technical Note (TN) 303-18, dated March 1,
1991.
(b) If during any of the inspections required by paragraph (a)
of this AD, the mounting stud is found worn or the diameter measures
less than 5 mm (0.2 inch), prior to further flight, increase the
diameter to 6 mm (0. 24 inch) in accordance with paragraph 1 of the
Actions section in Glasflugel TN 303-18, dated March 1, 1991.
(c) Within the next 30 calendar days after the effective date of
this AD, unless already accomplished, incorporate the following
language on page 19, paragraph 3.3 of the Mosquito flight manual:
``Whenever the canopy emergency jettison knob is pulled and
prior to each flight, if no locking thread is used, it should be
ensured that the Pip pins are fully pushed home, so that the locking
balls are clear of and behind their fittings.''
(d) Incorporating the flight manual revision as required by
paragraph (c) of this AD may be performed by the owner/operator
holding at least a private pilot certificate as authorized by
section 43.7 of the Federal Aviation Regulations (14 CFR 43.7), and
must be entered into the sailplane's records showing compliance with
this AD in accordance with section 43.11 of the Federal Aviation
Regulations (14 CFR 43.11).
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the sailplane to a location where
the requirements of this AD can be accomplished.
(f) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety, may be
approved by the Manager, Small Airplane Directorate, FAA, 1201
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Small Airplane
Directorate.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Small Airplane Directorate.
(g) The inspections, modifications, and installations required
by this AD shall be done in accordance with Glasflugel Technical
Note 303-18, dated March 1, 1991. This incorporation by reference
was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
Glasflugel c/o Hansjorg Streifeneder, Glasfaser-Flugzeug Service,
Hofener Weg, D 72582 Grabenstetten, Germany, telephone number
49.73.82.10.32. Copies may be inspected at the FAA, Central Region,
Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th
Street, Kansas City, Missouri, or at the Office of the Federal
Register, 800 North Capitol Street, NW., 7th Floor, suite 700,
Washington, DC.
(h) This amendment (39-9509) becomes effective on April 1, 1996.
Issued in Kansas City, Missouri on February 1, 1996.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-2682 Filed 2-21-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-2589 Airworthiness Directives; AlliedSignal, Inc. (formerly Textron Lycoming) Models LTS101-650B1, -750B1, -650C, and -750C Turboshaft Engines
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6766-6768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2589]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-ANE-08; Amendment 39-9459; AD 95-26-01]
Airworthiness Directives; AlliedSignal, Inc. (formerly Textron
Lycoming) Models LTS101-650B1, -750B1, -650C, and -750C Turboshaft
Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to AlliedSignal, Inc. (formerly Textron Lycoming) Models
LTS101-650B1, -750B1, -650C, and -750C turboshaft engines, that
requires installation of an improved power turbine (PT) rotor and
electronic PT rotor overspeed controller as a terminating action to the
currently required inspections of AD 88-14-01. This amendment is
prompted by reports of additional bearing failures since publication of
AD 88-14-01, including one additional uncontained PT disk failure. The
actions specified by this AD are intended to prevent PT overspeed and
uncontained engine failure.
DATES: Effective April 22, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 22, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from AlliedSignal Inc., 550 Main Street, Stratford, CT 06497.
This information may be examined at the Federal Aviation Administration
(FAA), New England Region, Office of the Assistant Chief Counsel, 12
New England Executive Park, Burlington, MA; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Eugene Triozzi, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803-5299; telephone (617)
238-7148, fax (617) 238-7199.
SUPPLEMENTARY INFORMATION: On May 26, 1988, the Federal Aviation
Administration (FAA) issued airworthiness directive (AD) 88-14-01,
Amendment 39-5952 (53 FR 25317, July 6, 1988), to require initial and
repetitive inspections of the engine lubrication and bearing systems on
AlliedSignal, Inc. (formerly Textron Lycoming) LTS101 series turboshaft
engines. That action was prompted by reports of four uncontained power
turbine (PT) disk failures. Subsequent investigation revealed that the
PT disk failures were caused by bearing failures resulting in PT shaft
disengagement from the gear train drive, unloading the PT and causing
rotor overspeed. Two other PT disk failures involved No. 4 bearing
failure, followed by power pinion gear teeth failure, thereby unloading
the PT and causing PT rotor overspeed. This condition, if not
corrected, could result in PT overspeed and uncontained engine failure.
Since the issuance of that AD, the FAA has received reports of
additional bearing failures with resultant loss of PT rotor location,
including one additional uncontained PT disk failure. In order to
minimize the possibility of an uncontained engine failure, the
manufacturer has developed an improved PT rotor with retention
capability and an improved electronic PT rotor overspeed controller.
These improvements are only available for AlliedSignal, Inc. Models
LTS101-650B1, -750B1, -650C, and -750C turboshaft engines, installed on
Bell Helicopter Textron 222 series and Messerschmitt-Bolkow-Blohm (MBB)
BK117 series helicopters.
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that is applicable to AlliedSignal, Inc.
(formerly Textron Lycoming) Models LTS101-650B1, -750B1, -650C, and -
750C turboshaft engines was published in the Federal Register on May
19, 1995 (60 FR 26846). That action proposed to require installation of
an improved PT rotor with retention capability and an electronic PT
rotor overspeed controller at the next shop visit when the PT rotor is
removed after the effective date of this AD, but prior to December 31,
1997, as a terminating action to the currently required inspections of
AD 88-14-01.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter states that the requirement to incorporate an
electronic PT overspeed controller should be deleted from the AD, as
the additional economic impact is not justified from the basis of
increased safety, or the basis of reliability in adverse operating
conditions. The FAA does not concur. The FAA has determined that the
electronic PT overspeed controller will increase flight safety by
providing overspeed protection in the event of a No. 4 bearing failure.
As stated in the NPRM, the current PT rotor overspeed controller, in
two cases of No. 4 bearing failure, has allowed PT rotor overspeed and
uncontained PT disk failures. The FAA has also determined that the
electronic PT overspeed protection system provides an acceptable level
of reliability in adverse environmental operating conditions consistent
with that required for engine digital electronic controls.
One commenter states that the pneumatic portion of the PT retention
system should be enabled in lieu of
[[Page 6767]]
installation of the electronic PT overspeed controller, as this would
be a more cost effective improvement. The FAA does not concur. The
pneumatic portion of the PT retention system would not provide
overspeed protection in the event of a No. 4 bearing failure. Available
data shows that the pneumatic portion of the PT retention system
provides automatic shutdown only in the event of loss of PT rotor axial
location.
One commenter states that the requirements of AD 88-14-01 should be
continued with no terminating actions, thereby continuing preventive
maintenance benefits. The FAA does not concur. The FAA has approved
incorporation of applicable ongoing maintenance requirements currently
in AD 88-14-01 into the applicable AlliedSignal, Inc. LTS101 engine
maintenance manual requirements. The FAA considers that incorporation
of these requirements into the maintenance manuals will provide
desirable preventive maintenance actions for the AlliedSignal, Inc.
LTS101 engine, while the design modifications proposed would alleviate
the additional record-keeping burden imposed by AD 88-14-01.
One commenter states that the compliance timetable for
incorporation of electronic PT rotor overspeed controller should be
revised to allow installation at a scheduled aircraft inspection rather
than at the next PT rotor removal. This change is requested because
incorporation of electronic PT rotor overspeed controller at the next
PT rotor removal may not be logistically supportable due to the
increased rate of PT rotor removals resulting from another field
management plan. The FAA concurs. Adoption of the revised timetable
will minimize the possible logistic impact of the original compliance
timetable while still providing the equivalent level of safety proposed
by the NPRM.
One commenter states that the proposed AD should apply only for
engines that do not incorporate the insertable blade PT rotor. The FAA
concurs in part. The PT rotor with retention capability, to be required
by the proposed rule, is the same as the insertable blade PT rotor.
Therefore, the PT rotor installation required by the proposed rule
would be previously accomplished for engines with the insertable blade
PT rotor. However, as addressed in a previous comment, the FAA has
determined that installation of the electronic PT overspeed controller
is required for all engines regardless of the P/N PT rotor installed,
in order to provide overspeed protection in the event of a No. 4
bearing failure.
One commenter states that the economic impact of the proposed rule
should be revised to reflect installation of aircraft electronics
necessary for operation of the electronic overspeed system. The FAA
concurs, and has adjusted the economic impact to reflect the associated
increase in the cost impact.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes described
previously. The FAA has determined that these changes will not increase
the scope of the AD.
There are approximately 950 engines of the affected design in the
worldwide fleet. The FAA estimates that 95 engines installed on
aircraft of U.S. registry will be affected by the requirement to
install the PT rotor with improved retention, that it will take
approximately 10 work hours per engine to accomplish the required
actions, and that the average labor rate is $60 per work hour. Required
parts will cost approximately $44,400 per engine. Based on these
figures, the cost impact of the AD on U.S. operators is estimated to be
$4,275,000 for installation of the PT rotor with improved retention.
In addition, the FAA estimates that 576 engines installed on
aircraft of U.S. registry will be affected by the requirement to
install the electronic PT rotor overspeed controller, that it will take
approximately 3 work hours per engine to accomplish the required
action, and that the average labor rate is $60 per work hour. Required
parts cost for the electronic PT rotor overspeed controller
installation is $5,825. Based on these figures, the cost impact of
installing the electronic PT rotor overspeed controller would be
$3,458,880.
There are approximately 288 aircraft of U.S. registry that would be
affected by the requirement to install aircraft electronics necessary
for the functioning of the electronic PT rotor overspeed controller. It
would take approximately 80 work hours per aircraft to accomplish the
proposed actions, and the average labor rate is $60 per work hour.
Required parts for the aircraft installation would be approximately
$4,531. Based on these figures, the cost impact of installing the
aircraft electronics for the electronic PT rotor overspeed controller
would be $2,287,328. Therefore, the revised total cost impact of all
the actions of the proposed AD on U.S. operators is estimated to be
$10,421,208.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air Transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-26-01 AlliedSignal, Inc.: Amendment 39-9459 Docket 95-ANE-08.
Applicability: AlliedSignal, Inc. (formerly Textron Lycoming)
Model LTS101-650B1, -750B1, -650C, and -750C turboshaft engines
installed on Bell Helicopter Textron 222 series and Messerschmitt-
Bolkow-Blohm (MBB) BK117 series helicopters.
Note: This AD applies to each engine identified in the preceding
applicability provision, regardless of whether it has been modified,
altered, or repaired in the area subject to the requirements of this
AD. For engines that have been modified, altered, or repaired so
that the performance of the requirements of this AD is affected, the
[[Page 6768]]
owner/operator must use the authority provided in paragraph (d) to
request approval from the FAA. This approval may address either no
action, if the current configuration eliminates the unsafe
condition, or different actions necessary to address the unsafe
condition described in this AD. Such a request should include an
assessment of the effect of the changed configuration on the unsafe
condition addressed by this AD. In no case does the presence of any
modification, alteration, or repair remove any engine from the
applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent power turbine (PT) overspeed and uncontained engine
failure, accomplish the following:
(a) Install the improved PT rotor with retention capability at
the next shop visit when the PT rotor is removed after the effective
date of this AD, but prior to December 31, 1997, in accordance with
the following Textron Lycoming Service Bulletins (SB):
----------------------------------------------------------------------------------------------------------------
Engine model SB No. Rev. Date
----------------------------------------------------------------------------------------------------------------
LTS101-650B1................... LTS101B-72-50-0122 4 June 17, 1991.
LTS101-750B1 or -650B1......... LTS101B-72-50-0116 6 August 14, 1992.
LTS101-650C and -750C Series... LTS101C-72-50-0119 2 June 17, 1991.
----------------------------------------------------------------------------------------------------------------
(b) Install the improved electronic PT rotor overspeed
controller concurrently with the PT rotor installation required by
paragraph (a) of this AD, or at the next airframe 600 hour
inspection point after the effective date of this AD, whichever
occurs later, in accordance with the following Textron Lycoming SB:
----------------------------------------------------------------------------------------------------------------
Engine model SB No. Rev. Date
----------------------------------------------------------------------------------------------------------------
LTS101-650B1................... LTS101B-73-10-0127 2 August 14, 1992.
LTS101-750B1................... LTS101B-73-10-0127 2 August 14, 1992.
LTS101-650C and -750C Series... LTS101C-73-10-0129 3 August 14, 1992.
----------------------------------------------------------------------------------------------------------------
(c) Installation of the improved PT rotor with retention
capability and the improved electronic PT rotor overspeed controller
in accordance with paragraphs (a) and (b) of this AD constitutes
terminating action to the inspection requirements of AD 88-14-01.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Engine Certification Office. The
request should be forwarded through an appropriate FAA Maintenance
Inspector, who may add comments and then send it to the Manager,
Engine Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this airworthiness directive,
if any, may be obtained from the Engine Certification Office.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the aircraft to a location where
the requirements of this AD can be accomplished.
(f) The actions required by this AD shall be done in accordance
with the following service bulletins:
----------------------------------------------------------------------------------------------------------------
Document No. Pages Revision Date
----------------------------------------------------------------------------------------------------------------
LTS101B-72-50-0122......................... 1-11 4 June 17, 1991.
Total pages:......................... 11
LTS101B-72-50-0116......................... 1-10 6 August 14, 1992.
Total pages:......................... 10
LTS101C-72-50-0119......................... 1-11 2 June 17, 1991.
Total pages:......................... 11
LTS101B-73-10-0127......................... 1-13 2 August 14, 1992.
Total pages:......................... 13
LTS101C-73-10-0129......................... 1-14 3 August 14, 1992.
Total pages:......................... 14
----------------------------------------------------------------------------------------------------------------
This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from AlliedSignal Inc., 550 Main
Street, Stratford, CT 06497. Copies may be inspected at the FAA, New
England Region, Office of the Assistant Chief Counsel, 12 New
England Executive Park, Burlington, MA; or at the Office of the
Federal Register, 800 North Capitol Street NW., suite 700,
Washington, DC.
(g) This amendment becomes effective on April 22, 1996.
Issued in Burlington, Massachusetts, on January 24, 1996.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 96-2589 Filed 2-21-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-2588 Airworthiness Directives; Beech Aircraft Corporation 90, 99, 100, and 200 Series Airplanes
[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6768-6770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2588]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-CE-32-AD; Amendment 39-9510; AD 96-03-13]
Airworthiness Directives; Beech Aircraft Corporation 90, 99, 100,
and 200 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Beech Aircraft Corporation (Beech) 90, 99, 100, and 200
series airplanes. This action requires inspecting the main landing gear
drag leg lock link to ensure that the hole for the roll pin is drilled
completely through both walls of the main landing gear drag leg lock
link and, if not drilled completely through both link walls, replacing
any main landing gear drag leg lock link. An incident in which the left
main landing gear collapsed on one of the affected airplanes prompted
this action. Investigation revealed that the roll pin hole was not
completely drilled
[[Page 6769]]
through both walls of the drag leg lock link. The actions specified by
this AD are intended to prevent main landing gear collapse caused by
drag leg lock link failure, which could result in loss of control of
the airplane.
DATES: Effective April 1, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 1, 1996.
ADDRESSES: Service information that applies to this AD may be obtained
from Beech Aircraft Corporation, P.O. Box 85, Wichita, Kansas 67201-
0085. This information may also be examined at the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 95-CE-32-AD, room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106; or at the Office of the Federal
Register, 800 North Capitol Street NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Steve Potter, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4124;
facsimile (316) 946-4407.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an AD that would apply
to Beech Aircraft Corporation 90, 99, 100, and 200 series airplanes was
published in the Federal Register on August 16, 1995 (60 FR 42479). The
action proposed to require inspecting the main landing gear drag leg
lock link to ensure that the hole for the roll pin is drilled through
both walls of the link and, if not drilled completely through both link
walls, replacing any main landing gear drag leg lock link.
Accomplishment of the proposed action would be in accordance with Beech
Service Bulletin No. 2607, Revision 1, dated April 1995.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
The FAA estimates that 2,229 airplanes in the U.S. registry will be
affected by this AD action, that it will take approximately 5 work
hours per airplane to accomplish this action, and that the average
labor rate is approximately $60 an hour. Parts cost approximately $100
per airplane. Based on these figures, the total cost impact of this AD
on U.S. operators is estimated to be $891,600. This figure is based on
the assumption that all of the affected airplanes have incorrectly
drilled drag leg lock links and that none of the owners/operators of
the affected airplanes have replaced the incorrectly drilled links.
Beech has informed the FAA that parts have been distributed to
equip approximately 648 airplanes. Assuming that these distributed
parts are incorporated on the affected airplanes, the cost of the
proposed AD would be reduced by $259,200 from $891,600 to $632,400. In
addition, the FAA believes that a majority of the affected airplanes
will not have incorrectly drilled links, thereby further reducing the
cost impact of the proposed AD upon the public.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
AD No.96-03-13 Beech Aircraft Corporation: Amendment 39-9510; Docket
No. 95-CE-32-AD.
Applicability: The following airplane models and serial numbers,
certificated in any category:
------------------------------------------------------------------------
Models Serial Numbers
------------------------------------------------------------------------
F90....................................... LA-2 through LA-236.
99, 99A, A99A, B99, and C99............... U-1 through U-239.
100 and A100.............................. B-1 through B-94 and B-100
through B-247.
B100...................................... BE-1 through BE-137.
200 and B200.............................. BB-2, BB-6 through BB-1157,
BB-1159 through BB-1166, and
BB-1168 through BB-1192.
200T and B200T............................ BT-1 through BT-30.
200C and B200C............................ BL-1 through BL-72.
200CT and B200CT.......................... BN-1 through BN-4.
65-A90-2(RU-21B).......................... LS-1 through LS-3.
65-A90-3(RU-21C).......................... LT-1 through LT-2.
200 (A100-1).............................. BB-3 through BB-5.
A100 (U-21F).............................. B-95 through B-99.
A200 (C-12A and C-12C).................... BC-1 through BC-75, and BD-1
through BD-30.
A200C (UC-12B)............................ BJ-1 through BJ-66.
A200CT (C-12D)............................ BP-1, BP-22, and BP-24
through BP-45.
A200CT (FWC-12D).......................... BP-7 through BP-11.
A200CT (RC-12D)........................... GR-1 through GR-13.
A200CT (RC-12H)........................... GR-14 through GR-19.
A200CT (RC-12G)........................... FC-1 through FC-3.
------------------------------------------------------------------------
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not
[[Page 6770]]
been eliminated, the request should include specific proposed actions
to address it.
Compliance: Required within the next 100 hours time-in-service
(TIS) after the effective date of this AD, unless already
accomplished.
To prevent main landing gear collapse caused by drag leg lock
link failure, which could result in loss of control of the airplane,
accomplish the following:
(a) Inspect the main landing gear drag leg lock link to ensure
that the hole for the roll pin is drilled completely through both
walls of the link in accordance with the ACCOMPLISHMENT INSTRUCTIONS
section of Beech Service Bulletin No. 2607, Revision 1, dated April
1995.
(b) Prior to further flight, replace any drag leg lock link that
does not have the roll pin hole drilled through both walls of the
link. Accomplish this replacement in accordance with the applicable
maintenance manual.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Wichita Aircraft Certification Office, FAA,
1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209. The
request shall be forwarded through an appropriate FAA Maintenance
Inspector, who may add comments and then send it to the Manager,
Wichita Aircraft Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita Aircraft Certification Office.
(e) The inspections and replacements required by this AD shall
be done in accordance with Beech Service Bulletin No. 2607, Revision
1, dated April 1995. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from Beech Aircraft
Corporation, P.O. Box 85, Wichita, Kansas 67201-0085. Copies may be
inspected at the FAA, Central Region, Office of the Assistant Chief
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
7th Floor, suite 700, Washington, DC.
(f) This amendment (39-9510) becomes effective on April 1, 1996.
Issued in Kansas City, Missouri, on January 31, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-2588 Filed 2-21-96; 8:45 am]
BILLING CODE 4910-13-P
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